S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    340
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens. BAILEY, KRUEGER, PARKER, SANDERS -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Codes
 
 AN  ACT  to  amend  the criminal procedure law and the executive law, in
   relation to permitting the sealing of records  of  certain  nonviolent
   misdemeanor or non-sexual misdemeanor offenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be  cited  as  the  "second
 chance for ex-offenders act".
   §  2.  The  criminal  procedure law is amended by adding a new section
 160.65 to read as follows:
 § 160.65 CONDITIONAL SEALING OF CERTAIN MISDEMEANOR OFFENSES.
   1. FOR THE PURPOSES OF THIS SECTION, THE TERM  "ELIGIBLE  MISDEMEANOR"
 SHALL  BE  A MISDEMEANOR OFFENSE DEFINED IN THE PENAL LAW, PROVIDED THAT
 AN ELIGIBLE MISDEMEANOR SHALL NOT INCLUDE ANY  SEX  OFFENSE  AS  DEFINED
 UNDER  SUBDIVISION  TWO  OF  SECTION  ONE  HUNDRED  SIXTY-EIGHT-A OF THE
 CORRECTION LAW.
   2. A PERSON HAVING A CONVICTION FOR NO MORE THAN  THREE  MISDEMEANORS,
 WHO  DOES  NOT  STAND CONVICTED OF ANY FELONY, OR WHO IS NOT REQUIRED TO
 MAINTAIN REGISTRATION UNDER ARTICLE SIX-C OF  THE  CORRECTION  LAW,  MAY
 PETITION  THE COURT TO CONDITIONALLY SEAL UP TO THREE ELIGIBLE MISDEMEA-
 NORS WHEN:
   (A) AT LEAST FIVE YEARS HAVE PASSED SINCE THE COMPLETION OF A SENTENCE
 ON AN ELIGIBLE MISDEMEANOR; AND
   (B) SUCH PERSON HAS NOT BEEN CONVICTED OF A CRIME DURING THE LAST FIVE
 YEARS AND IS NOT THE SUBJECT OF AN UNDISPOSED ARREST.
   3. THE PETITION AUTHORIZED BY THIS SECTION SHALL BE FILED IN THE COURT
 OF RECORD THAT LAST IMPOSED A SENTENCE UPON PETITIONER FOR  AN  ELIGIBLE
 MISDEMEANOR.  ON  THE  DEFENDANT'S  MOTION, THE COURT MAY ORDER THAT ALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00240-01-5
 S. 340                              2
 
 OFFICIAL RECORDS AND PAPERS RELATING  TO  THE  ARREST,  PROSECUTION  AND
 CONVICTION  RECORDS  FOR  NO  MORE  THAN  THREE OF THE DEFENDANT'S PRIOR
 ELIGIBLE MISDEMEANORS BE CONDITIONALLY SEALED.  THE COURT MAY ONLY  SEAL
 THE  RECORDS  OF  THE  DEFENDANT'S ARRESTS, PROSECUTIONS AND CONVICTIONS
 WHEN:
   (A) THE SENTENCING COURT HAS REQUESTED AND RECEIVED FROM THE  DIVISION
 OF  CRIMINAL  JUSTICE  SERVICES OR THE FEDERAL BUREAU OF INVESTIGATION A
 FINGERPRINT BASED CRIMINAL HISTORY RECORD OF  THE  DEFENDANT,  INCLUDING
 ANY  SEALED  OR SUPPRESSED INFORMATION. THE DIVISION OF CRIMINAL JUSTICE
 SERVICES SHALL ALSO INCLUDE A CRIMINAL HISTORY REPORT, IF ANY, FROM  THE
 FEDERAL  BUREAU OF INVESTIGATION REGARDING ANY CRIMINAL HISTORY INFORMA-
 TION THAT OCCURRED  IN  OTHER  JURISDICTIONS.  THE  DIVISION  IS  HEREBY
 AUTHORIZED TO RECEIVE SUCH INFORMATION FROM THE FEDERAL BUREAU OF INVES-
 TIGATION  FOR  THIS  PURPOSE.  THE PARTIES SHALL BE PERMITTED TO EXAMINE
 THESE RECORDS;
   (B) THE DEFENDANT OR COURT HAS IDENTIFIED THE  MISDEMEANOR  CONVICTION
 OR CONVICTIONS FOR WHICH RELIEF MAY BE GRANTED;
   (C) THE COURT HAS RECEIVED DOCUMENTATION THAT THE SENTENCES IMPOSED ON
 THE  ELIGIBLE MISDEMEANOR CONVICTIONS HAVE BEEN COMPLETED, OR IF NO SUCH
 DOCUMENTATION IS  REASONABLY  AVAILABLE,  A  SWORN  AFFIDAVIT  THAT  THE
 SENTENCES IMPOSED ON THE PRIOR MISDEMEANORS HAVE BEEN COMPLETED; AND
   (D)  THE COURT HAS NOTIFIED THE DISTRICT ATTORNEY OF EACH JURISDICTION
 IN WHICH THE DEFENDANT HAS BEEN CONVICTED OF AN OFFENSE WITH RESPECT  TO
 WHICH  SEALING  IS  SOUGHT,  AND  THE COURT OR COURTS OF RECORD FOR SUCH
 OFFENSES, THAT THE COURT IS  CONSIDERING  SEALING  THE  RECORDS  OF  THE
 DEFENDANT'S ELIGIBLE MISDEMEANOR CONVICTIONS. BOTH THE DISTRICT ATTORNEY
 AND  THE  COURT SHALL BE GIVEN A REASONABLE OPPORTUNITY, WHICH SHALL NOT
 BE LESS THAN THIRTY DAYS, IN WHICH TO COMMENT AND  SUBMIT  MATERIALS  TO
 AID  THE COURT IN MAKING SUCH A DETERMINATION. WHEN THE COURT NOTIFIES A
 DISTRICT ATTORNEY OF A SEALING APPLICATION, THE DISTRICT ATTORNEY  SHALL
 PROVIDE  NOTICE  TO  THE  VICTIM,  IF ANY, OF THE SEALING APPLICATION BY
 MAILING WRITTEN NOTICE TO THE VICTIM'S LAST-KNOWN ADDRESS. FOR  PURPOSES
 OF  THIS SECTION "VICTIM" MEANS ANY PERSON WHO HAS SUSTAINED PHYSICAL OR
 FINANCIAL INJURY TO PERSON OR TO PROPERTY AS  A  DIRECT  RESULT  OF  THE
 MISDEMEANOR CRIME OR MISDEMEANOR CRIMES FOR WHICH SEALING IS APPLIED.
   4. AT THE REQUEST OF THE DEFENDANT OR THE DISTRICT ATTORNEY OF A COUN-
 TY  IN  WHICH THE DEFENDANT COMMITTED A CRIME THAT IS THE SUBJECT OF THE
 SEALING APPLICATION, THE COURT MAY CONDUCT A  HEARING  TO  CONSIDER  AND
 REVIEW  ANY RELEVANT EVIDENCE OFFERED BY EITHER PARTY THAT WOULD AID THE
 COURT IN ITS DECISION WHETHER TO SEAL THE  RECORDS  OF  THE  DEFENDANT'S
 ARRESTS,  PROSECUTIONS AND CONVICTIONS.  IN MAKING SUCH A DETERMINATION,
 THE COURT SHALL CONSIDER ANY RELEVANT FACTORS, INCLUDING BUT NOT LIMITED
 TO:
   (A) THE CIRCUMSTANCES AND SERIOUSNESS OF THE OFFENSE OR OFFENSES  THAT
 RESULTED IN THE CONVICTION OR CONVICTIONS;
   (B) THE CHARACTER OF THE DEFENDANT, INCLUDING WHAT STEPS THE PETITION-
 ER  HAS  TAKEN  SINCE  THE TIME OF THE OFFENSE TOWARD PERSONAL REHABILI-
 TATION, INCLUDING TREATMENT, WORK, SCHOOL,  OR  OTHER  PERSONAL  HISTORY
 THAT DEMONSTRATES REHABILITATION;
   (C) THE DEFENDANT'S CRIMINAL HISTORY;
   (D) THE IMPACT OF SEALING THE DEFENDANT'S RECORDS UPON THEIR REHABILI-
 TATION  AND  THEIR  SUCCESSFUL  AND PRODUCTIVE REENTRY AND REINTEGRATION
 INTO SOCIETY, AND ON PUBLIC SAFETY; AND
   (E) ANY STATEMENTS MADE BY THE VICTIM OF THE OFFENSE WHERE THERE IS IN
 FACT A VICTIM OF THE CRIME.
 S. 340                              3
 
   5. AFTER A COURT DECLARES ITS WILLINGNESS  TO  GRANT  THE  DEFENDANT'S
 REQUEST FOR CONDITIONAL SEALING PURSUANT TO THIS SECTION, BUT BEFORE THE
 COURT ORDERS SEALING PURSUANT TO THIS SECTION, THE DEFENDANT SHALL PAY A
 MANDATORY CONDITIONAL SEALING FEE. THE MANDATORY CONDITIONAL SEALING FEE
 WILL  BE  A  FEE  OF  EIGHTY  DOLLARS, HOWEVER, SUCH FILING FEE SHALL BE
 WAIVED IN CASES OF INDIGENCE. THE MANDATORY FILING FEE SHALL BE PAID  TO
 THE  CLERK  OF  THE  COURT  OR ADMINISTRATIVE TRIBUNAL THAT RENDERED THE
 CONVICTION. WITHIN THE FIRST TEN DAYS OF THE MONTH FOLLOWING  COLLECTION
 OF THE MANDATORY FILING FEE, THE COLLECTING AUTHORITY IF IT IS AN ADMIN-
 ISTRATIVE  TRIBUNAL,  OR A TOWN OR VILLAGE JUSTICE COURT, SHALL THEN PAY
 SUCH MONEY TO THE STATE COMPTROLLER WHO SHALL DEPOSIT SUCH MONEY IN  THE
 STATE  TREASURY  PURSUANT TO SECTION ONE HUNDRED TWENTY-ONE OF THE STATE
 FINANCE LAW TO THE CREDIT OF THE INDIGENT LEGAL SERVICES FUND.  IF  SUCH
 COLLECTING  AUTHORITY IS ANY OTHER COURT OF THE UNIFIED COURT SYSTEM, IT
 SHALL, WITHIN SUCH PERIOD, PAY SUCH MONEY ATTRIBUTABLE TO THE  MANDATORY
 FILING  FEE  TO  THE  STATE  COMMISSIONER OF TAXATION AND FINANCE TO THE
 CREDIT OF THE INDIGENT LEGAL SERVICES FUND ESTABLISHED BY SECTION  NINE-
 TY-EIGHT-B OF THE STATE FINANCE LAW.
   6.  WHEN A COURT ORDERS SEALING PURSUANT TO THIS SECTION, ALL OFFICIAL
 RECORDS  AND  PAPERS  RELATING  TO  THE   ARRESTS,   PROSECUTIONS,   AND
 CONVICTIONS,  INCLUDING  ALL DUPLICATES AND COPIES THEREOF, ON FILE WITH
 THE DIVISION OF CRIMINAL JUSTICE SERVICES OR ANY COURT SHALL  BE  SEALED
 AND  NOT  MADE  AVAILABLE  TO  ANY  PERSON  OR PUBLIC OR PRIVATE AGENCY;
 PROVIDED, HOWEVER, THE DIVISION SHALL  RETAIN  ANY  FINGERPRINTS,  PALM-
 PRINTS, PHOTOGRAPHS, OR DIGITAL IMAGES OF THE SAME.
   7.  WHEN  THE COURT ORDERS SEALING PURSUANT TO THIS SECTION, THE CLERK
 OF SUCH COURT SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF THE  DIVISION
 OF CRIMINAL JUSTICE SERVICES, AND ANY COURT THAT SENTENCED THE DEFENDANT
 FOR  AN  OFFENSE  WHICH  HAS  BEEN  CONDITIONALLY  SEALED, REGARDING THE
 RECORDS THAT SHALL BE SEALED PURSUANT TO THIS SECTION.
   8. RECORDS SEALED PURSUANT TO THIS SUBDIVISION SHALL BE MADE AVAILABLE
 TO:
   (A) THE DEFENDANT OR THE DEFENDANT'S DESIGNATED AGENT;
   (B) QUALIFIED AGENCIES, AS DEFINED  IN  SUBDIVISION  NINE  OF  SECTION
 EIGHT  HUNDRED  THIRTY-FIVE  OF THE EXECUTIVE LAW, AND FEDERAL AND STATE
 LAW ENFORCEMENT AGENCIES, WHEN ACTING WITHIN  THE  SCOPE  OF  THEIR  LAW
 ENFORCEMENT DUTIES;
   (C)  ANY  STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY FOR THE
 ISSUANCE OF LICENSES TO POSSESS GUNS, WHEN THE PERSON HAS MADE  APPLICA-
 TION FOR SUCH A LICENSE; OR
   (D)  ANY  PROSPECTIVE EMPLOYER OF A POLICE OFFICER OR PEACE OFFICER AS
 THOSE TERMS ARE DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR  OF
 SECTION  1.20 OF THIS CHAPTER, IN RELATION TO AN APPLICATION FOR EMPLOY-
 MENT AS A POLICE OFFICER OR PEACE OFFICER; PROVIDED, HOWEVER, THAT EVERY
 PERSON WHO IS AN APPLICANT FOR THE POSITION OF POLICE OFFICER  OR  PEACE
 OFFICER  SHALL  BE  FURNISHED  WITH A COPY OF ALL RECORDS OBTAINED UNDER
 THIS PARAGRAPH AND AFFORDED AN OPPORTUNITY TO MAKE AN EXPLANATION THERE-
 TO.
   9. THE COURT SHALL NOT SEAL THE DEFENDANT'S RECORD  PURSUANT  TO  THIS
 SECTION WHILE ANY CHARGED OFFENSE IS PENDING.
   10. IF, SUBSEQUENT TO THE SEALING OF RECORDS PURSUANT TO THIS SUBDIVI-
 SION,  THE  PERSON WHO IS THE SUBJECT OF SUCH RECORDS IS ARRESTED FOR OR
 FORMALLY CHARGED WITH ANY MISDEMEANOR OR FELONY  OFFENSE,  SUCH  RECORDS
 SHALL  BE  UNSEALED  IMMEDIATELY AND REMAIN UNSEALED; PROVIDED, HOWEVER,
 THAT IF SUCH NEW MISDEMEANOR OR FELONY ARREST RESULTS IN  A  TERMINATION
 IN  FAVOR  OF  THE  ACCUSED  AS  DEFINED IN SUBDIVISION THREE OF SECTION
 S. 340                              4
 
 160.50 OF THIS ARTICLE OR BY CONVICTION FOR  A  NONCRIMINAL  OFFENSE  AS
 DESCRIBED IN SECTION 160.55 OF THIS ARTICLE, SUCH UNSEALED RECORDS SHALL
 BE CONDITIONALLY SEALED PURSUANT TO THIS SECTION.
   11.  NO  DEFENDANT SHALL BE REQUIRED OR PERMITTED TO WAIVE ELIGIBILITY
 FOR CONDITIONAL SEALING PURSUANT TO THIS SECTION AS PART OF  A  PLEA  OF
 GUILTY,  SENTENCE OR ANY AGREEMENT RELATED TO A CONVICTION FOR AN ELIGI-
 BLE OFFENSE AND ANY SUCH WAIVER SHALL BE DEEMED VOID  AND  WHOLLY  UNEN-
 FORCEABLE.
   § 3. Subdivision 16 of section 296 of the executive law, as amended by
 chapter 631 of the laws of 2023, is amended to read as follows:
   16.  It  shall  be an unlawful discriminatory practice, unless specif-
 ically required or permitted by statute, for any person, agency, bureau,
 corporation or association, including the state and any political subdi-
 vision thereof, to make any inquiry about, whether in any form of appli-
 cation or  otherwise,  or  to  act  upon  adversely  to  the  individual
 involved,  any arrest or criminal accusation of such individual not then
 pending against that individual which was followed by a  termination  of
 that  criminal  action  or  proceeding  in  favor of such individual, as
 defined in subdivision two of section 160.50 of the  criminal  procedure
 law,  or  by an order adjourning the criminal action in contemplation of
 dismissal, pursuant to section 170.55, 170.56, 210.46, 210.47, or 215.10
 of the criminal procedure law, or by a youthful  offender  adjudication,
 as  defined  in subdivision one of section 720.35 of the criminal proce-
 dure law, or by a conviction for a violation sealed pursuant to  section
 160.55  of the criminal procedure law or by a conviction which is sealed
 pursuant to section 160.59 or 160.58 of the criminal procedure  law,  or
 by a conviction which is sealed pursuant to section 160.57 of the crimi-
 nal  procedure  law,  except  where  such  conviction record is accessed
 pursuant to subparagraph (vii), (viii), or (xvi)  of  paragraph  (d)  of
 subdivision one of section 160.57 of the criminal procedure law, OR BY A
 CONVICTION  WHICH  IS  SEALED PURSUANT TO SECTION 160.65 OF THE CRIMINAL
 PROCEDURE LAW, in connection with the  licensing,  housing,  employment,
 including  volunteer  positions,  or providing of credit or insurance to
 such individual; provided, further, that no person shall be required  to
 divulge  information  pertaining to any arrest or criminal accusation of
 such individual not then  pending  against  that  individual  which  was
 followed by a termination of that criminal action or proceeding in favor
 of  such  individual, as defined in subdivision two of section 160.50 of
 the criminal procedure law, or  by  an  order  adjourning  the  criminal
 action  in  contemplation  of  dismissal,  pursuant to section 170.55 or
 170.56, 210.46, 210.47 or 215.10 of the criminal procedure law, or by  a
 youthful offender adjudication, as defined in subdivision one of section
 720.35 of the criminal procedure law, or by a conviction for a violation
 sealed pursuant to section 160.55 of the criminal procedure law, or by a
 conviction  which  is sealed pursuant to section 160.58 or 160.59 of the
 criminal procedure law, or by a conviction which is sealed  pursuant  to
 section  160.57  of  the  criminal  procedure  law,  except  where  such
 conviction record is accessed pursuant to subparagraph (vii), (viii), or
 (xvi) of paragraph (d) of subdivision one of section 160.57 of the crim-
 inal procedure law, OR BY A  CONVICTION  WHICH  IS  SEALED  PURSUANT  TO
 SECTION  160.65 OF THE CRIMINAL PROCEDURE LAW. An individual required or
 requested to provide information in violation of  this  subdivision  may
 respond  as  if  the arrest, criminal accusation, or disposition of such
 arrest or criminal accusation did not  occur.  The  provisions  of  this
 subdivision  shall not apply to the licensing activities of governmental
 bodies in relation to the regulation of guns, firearms and other  deadly
 S. 340                              5
 
 weapons  or  in  relation  to  an application for employment as a police
 officer or peace officer as those  terms  are  defined  in  subdivisions
 thirty-three  and  thirty-four of section 1.20 of the criminal procedure
 law;  provided further that the provisions of this subdivision shall not
 apply to an application for employment or membership in any law enforce-
 ment agency with respect to any arrest or criminal accusation which  was
 followed  by a youthful offender adjudication, as defined in subdivision
 one of section 720.35 of the criminal procedure law, or by a  conviction
 for a violation sealed pursuant to section 160.55 of the criminal proce-
 dure  law, or by a conviction which is sealed pursuant to section 160.58
 or 160.59 of the criminal procedure law, or by  a  conviction  which  is
 sealed pursuant to section 160.57 of the criminal procedure law, OR BY A
 CONVICTION  WHICH  IS  SEALED PURSUANT TO SECTION 160.65 OF THE CRIMINAL
 PROCEDURE LAW.  For purposes of this subdivision, an  action  which  has
 been adjourned in contemplation of dismissal, pursuant to section 170.55
 or 170.56, 210.46, 210.47 or 215.10 of the criminal procedure law, shall
 not  be  considered  a  pending  action,  unless the order to adjourn in
 contemplation of dismissal is revoked and the case is  restored  to  the
 calendar for further prosecution.
   § 4. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law and shall apply to all convictions occurring
 prior to, on, and after such date.