S T A T E O F N E W Y O R K
________________________________________________________________________
4027
2017-2018 Regular Sessions
I N S E N A T E
February 2, 2017
___________
Introduced by Sen. BAILEY -- 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 applications for sealing a record of conviction
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The criminal procedure law is amended by adding a new
section 160.65 to read as follows:
§ 160.65 SEALING RECORD OF CONVICTION; APPLICATION FOR.
1. A PERSON IS ELIGIBLE TO APPLY TO SEAL A RECORD OF CONVICTION,
SUBJECT TO THE PROVISIONS CONTAINED IN THIS SECTION, BY APPLICATION ON A
FORM SPECIFICALLY DESIGNATED, SWORN TO UNDER PENALTY OF PERJURY AND
ACCOMPANIED BY A FEE OF NINETY-FIVE DOLLARS.
2. AN APPLICANT MUST BE DULY TERMINATED AND DISCHARGED FROM EVERY
ASPECT OF THE SENTENCE, INCLUDING INCARCERATION, PROBATION, PAROLE,
CONDITIONAL RELEASE, POST-RELEASE SUPERVISION, CONDITIONAL DISCHARGE,
SEX OFFENDER REGISTRATION AND/OR ANY ORDER OF PROTECTION ON THIS OR ANY
OTHER MATTER AGAINST THE APPLICANT MUST HAVE EXPIRED. THE FOLLOWING
WAITING PERIODS APPLY TO APPLICATIONS UNDER THIS SECTION, HOWEVER, FOR
GOOD CAUSE SHOWN, THE COURT MAY SHORTEN A WAITING PERIOD. ATTENDANCE AT
A DIVERSION PROGRAM WHICH DELAYED THE IMPOSITION OF THE SENTENCE MAY
CONSTITUTE GOOD CAUSE, IN THE COURT'S DISCRETION.
(A) FOR A PERSON WHO HAS BEEN CONVICTED OF ONE NON-CRIMINAL OFFENSE,
THE WAITING PERIOD SHALL BE SIX MONTHS FROM THE DATE OF CONVICTION OF
SUCH OFFENSE.
(B) FOR A PERSON WHO HAS BEEN CONVICTED OF MORE THAN ONE NON-CRIMINAL
OFFENSE ARISING FROM SEPARATE INCIDENCES, THE WAITING PERIOD SHALL BE
ONE YEAR FROM THE DATE OF CONVICTION OF THE LAST SUCH OFFENSE.
(C) FOR A PERSON WHO HAS BEEN CONVICTED OF A MISDEMEANOR, THE WAITING
PERIOD SHALL BE ONE YEAR FROM THE DATE OF CONVICTION OF SUCH MISDEMEA-
NOR.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08706-01-7
S. 4027 2
(D) FOR A PERSON WHO HAS BEEN CONVICTED OF MORE THAN ONE MISDEMEANOR
ARISING FROM SEPARATE INCIDENCES, THE WAITING PERIOD SHALL BE THREE
YEARS FROM THE DATE OF CONVICTION OF LAST SUCH MISDEMEANOR.
(E) FOR A PERSON WHO HAS BEEN CONVICTED OF ONE NON-VIOLENT FELONY, THE
WAITING PERIOD SHALL BE FIVE YEARS FROM THE DATE OF CONVICTION OF SUCH
NON-VIOLENT FELONY.
(F) FOR A PERSON WHO HAS BEEN CONVICTED OF MORE THAN ONE NON-VIOLENT
FELONY ARISING FROM SEPARATE INCIDENCES, THE WAITING PERIOD SHALL BE TEN
YEARS FROM THE DATE OF CONVICTION OF THE LAST NON-VIOLENT FELONY.
(G) FOR A PERSON WHO HAS BEEN CONVICTED OF A VIOLENT FELONY, THE WAIT-
ING PERIOD SHALL BE TEN YEARS FROM THE DATE OF THE CONVICTION OF SUCH
VIOLENT FELONY.
(H) FOR A PERSON CONVICTED OF MORE THAN ONE VIOLENT FELONY ARISING
FROM SEPARATE INCIDENCES, THE WAITING PERIOD SHALL BE TWENTY YEARS FROM
THE DATE OF CONVICTION OF THE LAST VIOLENT FELONY.
3. AN APPLICATION FOR SEALING A RECORD OF CONVICTION SHALL BE MADE TO
THE JUDGE WHO ORIGINALLY SENTENCED THE APPLICANT. IN THE EVENT SUCH
JUDGE IS UNAVAILABLE, THE APPLICATION SHALL BE MADE TO A SITTING JUDGE
IN THE COURT IN WHICH THE CONVICTION WAS ORDERED, AS DESIGNATED BY THE
SUPERVISING OR ADMINISTRATIVE JUDGE OF THAT COURT. THE JUDGE MAY REFER
AN APPLICATION UNDER THIS SECTION TO A MAGISTRATE, WHO SHALL HAVE THE
AUTHORITY TO GRANT SUCH AN APPLICATION IN THE CASE OF A MISDEMEANOR
CONVICTION OR A CONVICTION TO A NON-CRIMINAL OFFENSE. IN THE EVENT THE
MAGISTRATE RECOMMENDS DENIAL OF AN APPLICATION RELATING TO A MISDEMEANOR
OR NON-CRIMINAL OFFENSE, SUCH RECOMMENDATION SHALL BE MADE TO A JUDGE AS
DESIGNATED IN THIS SECTION, WHO SHALL, UPON REVIEWING THE RECORD AND
HEARING THE APPLICANT, RULE ON THE APPLICATION. IN THE CASE OF A FELONY
MATTER, THE MAGISTRATE MUST MAKE A RECOMMENDATION TO THE JUDGE REGARDING
SUCH APPLICATION, STATING IN WRITING THE REASONS FOR THE RECOMMENDATION.
THE JUDGE SHALL REVIEW THE RECORD AND SUCH RECOMMENDATION AND AFFORD THE
APPLICANT AN OPPORTUNITY TO BE HEARD PRIOR TO RULING ON THE APPLICATION.
4. AN APPLICATION PURSUANT TO THIS SECTION SHALL BE SWORN TO UNDER
PENALTY OF PERJURY AND SHALL INCLUDE:
(A) A LIST OF EACH OF THE PETITIONER'S CONVICTIONS IN NEW YORK STATE,
ANY CONVICTIONS IN ANY OTHER STATE OR IN FEDERAL COURT, THE SENTENCE FOR
EACH SUCH CONVICTION AND THE DATE OF THE SENTENCE. NON-CRIMINAL
CONVICTIONS OUTSIDE NEW YORK STATE NEED NOT BE INCLUDED.
(B) A STATEMENT AS TO THE TERMINATION OF EACH ASPECT OF THE SENTENCE
FOR EACH OF THE ABOVE-LISTED CONVICTIONS, INCLUDE THE DATES OF TERMI-
NATION FROM PROBATION, PAROLE OR OTHER SUPERVISORY SENTENCES, A STATE-
MENT AS TO THE EXISTENCE OF ORDER OR ORDERS OF PROTECTION AND THE END
DATE OF SUCH, AND A STATEMENT AS TO THE COMPLETION OF ANY CONDITIONAL
SENTENCES OR ANY OTHER CONDITIONS OF SENTENCE IMPOSED BY THE COURT OR BY
LAW, ALTHOUGH THIS SHALL NOT BE CONSTRUED TO REQUIRE A PERSON TO HAVE
RESTORED DRIVING OR OTHER PRIVILEGES THAT HAVE BEEN LOST, SUSPENDED OR
REVOKED DUE TO THE CONVICTION.
(C) A DESCRIPTION OF THE NATURE AND CIRCUMSTANCES OF EACH CRIME LISTED
IN PARAGRAPH (A) OF THIS SUBDIVISION.
(D) A DESCRIPTION OF THE NATURE OF THE PETITIONER'S PERSONAL CIRCUM-
STANCES SINCE THE CONVICTION, WHICH SHALL ESTABLISH THAT THE PETITIONER
IS ENTITLED TO THE RELIEF PROVIDED IN THIS SECTION.
5. THE APPLICATION FOR SEALING A RECORD OF CONVICTION SHALL BE SERVED
UPON THE AGENCY THAT ORIGINALLY PROSECUTED THE CASE ON TWENTY-ONE DAYS
NOTICE. THE PROSECUTING AGENCY MAY FILE AN ANSWER TO THE APPLICATION
SEVEN DAYS PRIOR TO THE RETURN DATE OF THE MOTION. THE COURT MAY GRANT
AN APPLICATION ON SUBMISSIONS IF THE PROSECUTING AGENCY DOES NOT FILE AN
S. 4027 3
OPPOSITION. IF THERE IS OBJECTION, THE COURT MUST REVIEW THE ISSUES OF
FACT AND LAW AND DETERMINE THE MERITS OF THE APPLICATION.
6. IN THE CASE OF NON-CRIMINAL CONVICTIONS, MISDEMEANOR CONVICTIONS
AND NON-VIOLENT FELONY CONVICTIONS, THE COURT SHALL GRANT THE APPLICA-
TION UNLESS SEALING THE RECORDS WILL HARM PUBLIC SAFETY OR WOULD NOT
SERVE THE INTERESTS OF JUSTICE. IN THE CASE OF A VIOLENT FELONY
CONVICTION OR A CONVICTION FOR A SEX OFFENSE, THE COURT SHALL NOT GRANT
THE APPLICATION UNLESS THE APPLICANT HAS ESTABLISHED THAT HE OR SHE HAS
BEEN ENTIRELY REHABILITATED, THAT THE CRIME WAS AN ABERRATION IN THE
APPLICANT'S LIFE, THAT IT IS NOT LIKELY TO RECUR AND THAT IT IS NOT
AGAINST PUBLIC POLICY AND THE INTERESTS OF JUSTICE TO GRANT SUCH APPLI-
CATION.
7. IF THE COURT DEEMS IT NECESSARY, THE COURT MAY ORDER A REPORT AS TO
THE APPLICANT'S BACKGROUND AND CIRCUMSTANCES FROM AN INDEPENDENT
CONSULTANT, EXPERT OR AGENCY DEEMED QUALIFIED BY THE COURT TO PREPARE
SUCH A REPORT.
8. UPON THE REQUEST OF EITHER PARTY OR SUA SPONTE, THE COURT SHALL
CONDUCT A HEARING AS TO ANY ISSUE OF FACT OR LAW OR IN THE COURT'S
DISCRETION, MAY HEAR TESTIMONY OR ACCEPT WRITTEN SUBMISSIONS RELATING
THE MERITS OF THE APPLICATION OR ANY MATTER DEEMED APPROPRIATE BY THE
COURT IN FURTHERANCE OF DETERMINING THE MOTION. IN ANY SUCH HEARING, THE
COURT SHALL NOT BE BOUND BY THE RULES OF EVIDENCE AND MAY ADMIT HEARSAY
TESTIMONY WHICH THE COURT BELIEVES WILL SHED LIGHT ON THE APPLICANT'S
CHARACTER AND ELIGIBILITY TO RECEIVE RELIEF UNDER THIS SECTION. HOWEVER,
A DECISION TO GRANT OR DENY AN APPLICATION MAY NOT BE BASED SOLELY ON
HEARSAY OR OTHERWISE TRADITIONALLY INADMISSIBLE EVIDENCE.
9. A DECISION GRANTING OR DENYING AN APPLICATION UNDER THIS SECTION
SHALL BE IN WRITING AND SHALL STATE THE REASONS FOR THE COURT'S RULING,
UNLESS THE COURT GRANTS THE APPLICATION WITHOUT OBJECTION OR WRITTEN
RESPONSE BY THE PROSECUTOR, IN WHICH CASE THE COURT MAY ISSUE AN ORDER
WITHOUT A WRITTEN DECISION.
10. THE COURT'S SEALING ORDER SHALL BE EFFECTIVE ON THE THIRTIETH DAY
AFTER ISSUANCE OF THE ORDER, EXCEPT THAT A COURT MAY SHORTEN THAT PERIOD
UPON GOOD CAUSE SHOWN.
11. UPON THE EFFECTIVE DATE OF A SEALING ORDER BY THE COURT, ALL
STATE, COUNTY AND LOCAL GOVERNMENT AND LAW ENFORCEMENT AGENCIES AND
THEIR AGENTS AND CONTRACTORS MUST SEAL ANY RECORD RELATING TO THE SEALED
CONVICTION, INCLUDING ANY AND ALL RECORDS RELATING TO THE ARREST AND/OR
DETENTION OF THE APPLICANT. EACH AGENCY SHALL DESIGNATE A METHOD OF
SAFEKEEPING DOCUMENTS AND COMPUTER RECORDS IN A MANNER WHICH WILL NOT
INDICATE THAT THERE EVER WAS A RECORD AS TO THE ARREST, DETENTION OR
CONVICTION OF THE INDIVIDUAL. RECORDS SHALL BE UNSEALED ONLY PURSUANT TO
COURT ORDER EXCEPT THAT THE FOLLOWING AGENCIES MAY MAINTAIN RECORDS IN
THE FOLLOWING MANNER:
(A) THE DEPARTMENT OF CRIMINAL JUSTICE SERVICES SHALL MAINTAIN A
SEALED RECORD IN ITS DATABASE IN A MANNER THAT WILL NOT BE ACCESSIBLE TO
ANYONE OTHER THAN LAW ENFORCEMENT AGENTS OR PROSECUTION AGENCIES IN THE
COURSE OF A CRIMINAL INVESTIGATION OR PROSECUTION, OR UPON A COURT ORDER
OR COURT-ORDERED SUBPOENA ORDERING RELEASE OF THE INFORMATION. IN THE
EVENT THE APPLICANT IS ARRESTED SUBSEQUENT TO THE SEALING OF THE
RECORDS, THE UNSEALED RECORD SHALL BE INCLUDED IN THE DEPARTMENT OF
CRIMINAL JUSTICE SERVICES "NYSID" SHEET THAT IS PRINTED OUT BASED ON THE
APPLICANT'S FINGERPRINTS. A COURT, UPON DETERMINING IT IS IN THE INTER-
ESTS OF JUSTICE TO UNSEAL SUCH A RECORD, SHALL ORDER ITS UNSEALING,
WHICH SHALL ALLOW THE PROSECUTOR AND THE COURT TO UNSEAL THE RECORDS OF
S. 4027 4
THEIR AGENCY PERTAINING TO THAT ARREST. ANY SUCH UNSEALED FILES SHALL BE
MADE AVAILABLE TO THE DEFENDANT AND HIS OR HER ATTORNEY.
(B) THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION AND ALL
LOCAL JAIL OR PRISON AGENCIES SHALL MAINTAIN SEALED RECORDS IN A MANNER
THAT PRECLUDES THE PUBLIC FROM OBTAINING INFORMATION RELATING TO THE
ARREST, DETENTION OR CONVICTION OF THE INDIVIDUAL WHOSE RECORD HAS BEEN
SEALED, INCLUDING BUT NOT LIMITED TO REMOVAL FROM ALL PUBLICLY AVAILABLE
DATABASES ON THE INTERNET AND OTHERWISE. HOWEVER, SUCH AGENCIES SHALL
MAINTAIN A RECORD OF INDIVIDUALS WHO HAVE BEEN IN CUSTODY WHICH SHALL BE
KEPT BY A CUSTODIAN OF THOSE RECORDS WITHIN THE AGENCY. IN THE EVENT THE
INMATE SHALL BE READMITTED TO THE FACILITY, THE CUSTODIAN IS AUTHORIZED
TO RE-OPEN SUCH FILES, TO BE USED SOLELY FOR THE AGENCY'S OFFICIAL
PURPOSES.
12. NOTHING IN THIS SECTION SHALL CHANGE THE SENTENCING PROVISIONS IN
THE PENAL LAW. A SEALED RECORD, UNSEALED AT THE TIME OF A RE-ARREST,
SHALL CONTINUE TO QUALIFY AS A CONVICTION FOR SENTENCING PURPOSES AND
MAY BE USED TO ESTABLISH AN ELEMENT OF A CRIME AS PROVIDED IN THE PENAL
LAW.
13. IT SHALL BE A CLASS A MISDEMEANOR TO PUBLISH INFORMATION, OTHER
THAN AS DELINEATED IN PARAGRAPHS (A) AND (B) OF SUBDIVISION ELEVEN OF
THIS SECTION, REGARDING THE ARREST, DETENTION OR CONVICTION OF AN INDI-
VIDUAL WHOSE RECORD HAS BEEN SEALED. A PERSON AGGRIEVED BY A VIOLATION
OF THIS SECTION SHALL HAVE THE RIGHT TO INSTITUTE A CIVIL PROCEEDING,
REGARDLESS OF WHETHER A CRIMINAL ACTION WAS COMMENCED. A PLAINTIFF IS
ENTITLED TO FIVE HUNDRED DOLLARS FOR EACH OCCURRENCE ALONG WITH THE
ACTUAL DAMAGES CAUSED BY THE DISCLOSURE OF SUCH SEALED RECORD. LAW
ENFORCEMENT, PROSECUTION OFFICIALS AND EMPLOYEES OF THE OFFICE OF COURT
ADMINISTRATION SHALL HAVE A DEFENSE TO A CRIMINAL OR CIVIL ACTION UNDER
THIS SECTION IF THEY BELIEVED, IN GOOD FAITH, THAT THEY WERE PERMITTED
OR REQUIRED BY LAW TO DISCLOSE A SEALED CONVICTION. THERE SHALL BE NO
PROSECUTORIAL OR LAW ENFORCEMENT IMMUNITY UNDER THIS SECTION FOR ANY
GOVERNMENT OFFICIAL WHO KNOWINGLY AND INTENTIONALLY PUBLISHES A SEALED
RECORD WHICH SUCH OFFICIAL KNOWS TO HAVE BEEN SEALED UNDER THIS SECTION.
IF A CONVICTION IS UNSEALED PURSUANT TO A NEW ARREST, THE PROVISIONS OF
THIS SUBDIVISION SHALL NOT APPLY.
14. AN APPLICATION TO UNSEAL A RECORD, WHICH HAS BEEN SEALED PURSUANT
TO THIS SECTION, MAY BE GRANTED BY THE COURT IF IT IS DETERMINED THAT,
IN THE INTERESTS OF JUSTICE, THE INFORMATION REGARDING THE UNDERLYING
CONVICTION SHOULD BE DISCLOSED. THERE SHALL BE A PRESUMPTION IN FAVOR OF
UNSEALING A RECORD IF THE PERSON WHO IS SUBJECT TO THE SEALED RECORD IS
A WITNESS IN A CRIMINAL CASE. AN APPLICATION UNDER THIS SUBDIVISION MAY
BE MADE EITHER TO THE COURT THAT ORIGINALLY SENTENCED THE DEFENDANT IN
THE SEALED CASE OR MAY BE MADE TO THE COURT WHICH HAS JURISDICTION OVER
ANY CASE IN NEW YORK IN WHICH THE SEALED RECORD MAY BE RELEVANT, INCLUD-
ING THE CASE WHERE THE DEFENDANT ON THE SEALED CASE IS A WITNESS IN A
CIVIL, CRIMINAL OR OTHER COURT PROCEEDING.
15. A SEALED CONVICTION SHALL NOT OPERATE AS A DISQUALIFICATION OF ANY
PERSON TO PURSUE OR ENGAGE IN ANY LAWFUL ACTIVITY, OCCUPATION, PROFES-
SION OR CALLING UNLESS SO ORDERED BY THE COURT. EXCEPT WHERE SPECIF-
ICALLY REQUIRED OR PERMITTED BY STATUTE OR UPON SPECIFIED AUTHORIZATION
OF A SUPERIOR COURT, NO SUCH PERSON SHALL BE REQUIRED TO DIVULGE INFOR-
MATION PERTAINING TO THE SEALED RECORD. SUCH PERSON SHALL BE PERMITTED
TO RESPOND IN THE NEGATIVE TO THE QUESTION "HAVE YOU EVER BEEN CONVICTED
OF A CRIME OR VIOLATION?" OR TO ANY QUESTION WITH THE SAME SUBSTANTIVE
CONTENT.
S. 4027 5
16. NON-GOVERNMENTAL EMPLOYERS ARE HEREINAFTER NOT PERMITTED TO ASK
PROSPECTIVE APPLICANTS IF THEY HAVE BEEN ARRESTED OR IF THEY HAVE BEEN
CONVICTED OF A CRIME OR VIOLATION. PRIVATE CITIZENS AND EMPLOYERS ARE
AUTHORIZED TO SEARCH OFFICIAL GOVERNMENT RECORDS FOR CRIMINAL
CONVICTIONS IN A MANNER CONSISTENT WITH THE LAW. IN THE EVENT AN EMPLOY-
ER SEARCHES THE CRIMINAL RECORD OF AN INDIVIDUAL, SUCH INDIVIDUAL SHALL
BE PUT ON NOTICE, ORALLY OR IN WRITING, THAT SUCH SEARCH WILL OCCUR.
17. ANY BUSINESS, AGENCY OR INDIVIDUAL WHO PURCHASES INDIVIDUAL CRIMI-
NAL RECORDS OR DATABASES OF CRIMINAL RECORDS SHALL NOT DISCLOSE ANY
INFORMATION AS TO A RECORD WHICH HAS BEEN SEALED SUBSEQUENT TO THE TIME
THE DATA WAS OBTAINED. ANY AGENCY PROVIDING DATA TO THE PUBLIC OR TO
PRIVATE BUSINESSES SHALL DEVELOP A SYSTEM WHEREBY ANY RECORD WHICH IS TO
BE RE-DISCLOSED CAN BE EASILY AND QUICKLY CHECKED BY THE PERSON, BUSI-
NESS OR ENTITY WHICH HAD OBTAINED THE RECORD BEFORE IT WAS SEALED TO
DETERMINE IF THE RECORD HAS BEEN SUBSEQUENTLY SEALED. NO GOVERNMENTAL
AGENCY SHALL SELL ANY RECORDS WITHOUT DEVELOPING SUCH A SYSTEM. ANY
RECORD SOLD OR PROVIDED TO AN INDIVIDUAL, BUSINESS OR ENTITY SHALL
CONTAIN THE FOLLOWING WARNING:
YOU ARE NOT PERMITTED TO DISCLOSE THIS INFORMATION TO ANYONE WITHOUT
FIRST CHECKING TO SEE IF THIS RECORD WAS SEALED AFTER YOU RECEIVED IT.
IT IS UNLAWFUL TO DISCLOSE SEALED RECORDS. TO DETERMINE IF THIS RECORD
HAS BEEN SEALED, CONTACT (INCLUDE AGENCY CONTACT INFORMATION HERE).
18. EITHER PARTY MAY APPEAL AS OF RIGHT FROM THE COURT'S ORDER. THE
APPEALING PARTY MUST SERVE NOTICE OF APPEAL UPON THE COURT AND THE
OPPOSING PARTY WITHIN THIRTY DAYS OF THE ISSUANCE OF THE COURT ORDER. IF
THE ORDER IS APPEALED BY THE PROSECUTOR, SUCH NOTICE OF APPEAL SHALL BE
DEEMED A STAY OF THE ORDER TO SEAL THE RECORDS. THE PROSECUTOR SHALL
PERFECT THE APPEAL WITHIN SIXTY DAYS, OR THE SEALING ORDER SHALL IMME-
DIATELY TAKE EFFECT UNLESS THE COURT GRANTS AN EXTENSION OF THE TIME TO
PERFECT THE APPEAL UPON GOOD CAUSE SHOWN BY THE PROSECUTOR. THE APPEAL
SHALL BE TAKEN TO THE SAME COURT TO WHICH THE APPEAL OF THE ORIGINAL
CONVICTION COULD HAVE BEEN BROUGHT. THE STANDARD OF REVIEW AT THE INTER-
MEDIARY APPELLATE COURT SHALL BE ABUSE OF DISCRETION. THE DECISION OF AN
INTERMEDIARY APPELLATE COURT SHALL BE APPEALABLE TO THE COURT OF APPEALS
UPON LEAVE OF THE COURT.
19. THE RIGHT TO MAKE AN APPLICATION UNDER THIS SECTION MAY NOT BE
WAIVED AT THE TIME A GUILTY PLEA IS ENTERED ON ANY CASE IN NEW YORK
STATE.
§ 2. Subdivision 16 of section 296 of the executive law, as separately
amended by section 3 of part N and section 14 of part AAA of chapter 56
of the laws of 2009, 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 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
of the criminal procedure law, OR BY A CONVICTION FOR A CRIMINAL OR
NON-CRIMINAL OFFENSE WHICH IS SEALED PURSUANT TO SECTION 160.65 OF THE
S. 4027 6
CRIMINAL PROCEDURE LAW, in connection with the licensing, employment 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 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 of the criminal
procedure law, OR BY A CONVICTION FOR A CRIMINAL OR NON-CRIMINAL OFFENSE
WHICH IS SEALED PURSUANT TO SECTION 160.65 OF THE CRIMINAL PROCEDURE
LAW. 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 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 member-
ship in any law enforcement agency with respect to any arrest or crimi-
nal accusation which was followed 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 160.58 of the criminal procedure law, OR BY A
CONVICTION FOR A CRIMINAL OR NON-CRIMINAL OFFENSE WHICH IS SEALED PURSU-
ANT TO SECTION 160.65 OF THE CRIMINAL PROCEDURE LAW.
§ 3. This act shall take effect on the sixtieth day after it shall
have become a law.