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This entry was published on 2023-11-17
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SECTION 50-G
Disclosure of convictions sealed pursuant to section 160
Civil Rights (CVR) CHAPTER 6, ARTICLE 5
* § 50-g. Disclosure of convictions sealed pursuant to section 160.57
of the criminal procedure law. 1. Any person who has had a conviction
sealed pursuant to section 160.57 of the criminal procedure law may
bring a cause of action for damages against a party who, without consent
of such person, discloses such sealed conviction where: (a) the
respondent owed such person a duty of care pursuant to such section; (b)
the respondent knowingly and willfully breached such duty; (c) the
disclosure caused injury to such person; and (d) respondent's breach of
that duty was a substantial factor in the events that caused the injury
suffered by such person. The provisions of this section are in addition
to, but shall not supersede, any other rights or remedies available in
law or equity.

2. For purposes of this section, a party owes a duty of care to a
person who has had a conviction sealed pursuant to section 160.57 of the
criminal procedure law when the party is under an obligation pursuant to
subdivision two of such section to seal information, records, documents
or papers related to such conviction, or when the party obtains access
to records of such conviction for a specified purpose pursuant to
paragraph (d) of subdivision one, or subdivision three of such section.

* NB Effective November 16, 2024