NY State Senate Bill 2019-S8165

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 13, 2020	referred to codes

2019-S8165 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Rpld §160.59, add §160.57, amd §1.20, CP L; amd §§837 & 296, Exec L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1553
2023-2024: S211, S7551

2019-S8165 (ACTIVE) - Summary

Relates to automatic expungement of certain criminal records.

2019-S8165 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8165

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the criminal procedure law and the executive law, in
relation to automatic expungement of certain criminal records; and to
repeal certain provisions of the criminal procedure law relating thereto

 
PURPOSE:

To provide for the automatic expungement of certain criminal records.

 
SUMMARY OF PROVISIONS:

Section 1 repeals Section 160.59 of the criminal procedure law and adds
a new section, 160.57. Subdivision 1 of Section 160.57 defines which
offenses are deemed as "eligible offenses" for automatic expungement.
Subdivision 2 sets the forth the conditions which an eligible offense
must meet in order to be automatically expunged.  Subdivision 3 sets
forth the expungement procedure by which the commissioner of the divi-

sion of criminal justice services and the clerks of such courts where an
eligible conviction was rendered must follow. Subdivision 4 specifies
that an expunged conviction under the provisions of this section shall
not constitute a conviction in any subsequent criminal proceeding,
except where specified in Subdivision 3. Subdivision 5 states that in
cases that qualify under subdivisions 2 and 3, but where the supporting
court documents have been lost or destroyed, those court documents shall
be deemed expunged as set forth in subdivision three of section 160.57
within thirty days of notification to the division of criminal justice
services by an individual or their attorney. Subdivision 6 specifies
that no person shall be required or permitted to waive their eligibility
for automatic expungement as part of a guilty plea, sentence, or other
agreement with prosecution and any such waiver shall be deemed void and
wholly unenforceable. Subdivision 7 clarifies that this section does not
diminish or abrogate any further remedies or relief pursuant to Section
440.10. Subdivision 8 requires in cases where an automatic expungement
is warranted, but court documents or documents held by the division of
criminal justice services has not updated such records to reflect said
expungement, the conviction shall be excluded from any written or elec-
tronic report run by the division of criminal justice services or office
of court administration. Subdivision 9 requires any eligible conviction
entered on or before the effective of this section must be expunged
within one year of such effective date.

Section 2 amends Subdivision 45 of section 1.20 of the criminal proce-
dure law to redefine the term "to expunge", reflecting the addition of
section 167.57 and its provisions.

Section 3 amends Section 837 of the executive law by adding a new subdi-
vision 22, directing the Division of Criminal Justice Services to
promulgate a standardized form for use by individuals to notify the
division of convictions subject to expungement, which have not yet been
expunged. Section 4 amends Subdivision 16 of section 296 of the execu-
tive law, as amended by section 2 of subpart 0 of part II of chapter 55
of the laws of 2019 adds records expunged under section 160.57 to the
list of items that employers may not inquire of or act adversely upon
applicants on the basis of a prior conviction or arrest, except as
required by statute.
Section 5 sets forth the effective date.

 
JUSTIFICATION:

While the enactment of CPL § 160.59 in 2017 marked a historic moment for
New York State, two years later, it is apparent that far too few people
have benefitted from it: as of December 2019, fewer than 2,000 people
had their records sealed, less than 1% of the 600,000 people estimated
to be eligible.

New York's experience with low uptake of CPL § 160.59 is consistent with
the experience in other states, where studies show that petition-based
records clearance systems are significantly underutilized because their
processes are unduly burdensome and the majority of people don't know
how to apply or have the resources to do so. These states' experiences
show that more time and public awareness campaigns are unlikely to
significantly change this reality. For example:

  * While Michigan has provided application-based expungement for
decades, only 6.5% of people eligible to clear their records under this
law did so within five years of becoming eligible. An automatic expunge-
ment law is now making its way through the Michigan legislature.
  * Pennsylvania passed application-based criminal conviction records
clearance in November 2016 but advocates quickly began pushing for an
automatic process after realizing that only a fraction of the people
eligible under the law were annually benefitting from it and as applica-
tions increased, courts were getting backlogged. In 2018, Pennsylvania
passed the first automatic conviction clearance law in the country.

New York must move from the current underutilized, inefficient, and
wholly inequitable petition-based system to an automated system for
records clearance. Automatic systems ensure that all who can benefit
will, irrespective of ability to afford legal counsel, and minimize the
administrative burdens that keep applications languishing in the court
system for months and sometimes years.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2019-S8165 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8165
 
                             I N  S E N A T E
 
                              April 13, 2020
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- 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 automatic expungement of certain criminal records; and to
   repeal certain provisions of the criminal procedure law relating ther-
   eto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  160.59 of the criminal procedure law is REPEALED
 and a new section 160.57 is added to read as follows:
 § 160.57 AUTOMATIC EXPUNGEMENT OF CERTAIN CRIMINAL RECORDS.
   1. AS USED  IN  THIS  SECTION,  "ELIGIBLE  CONVICTION"  SHALL  MEAN  A
 VIOLATION  OF  SUBDIVISION ONE OF SECTION ONE THOUSAND ONE HUNDRED NINE-
 TY-TWO OF THE VEHICLE AND TRAFFIC LAW OR A VIOLATION OF SUBDIVISION  TWO
 OF  SECTION  240.37 OF THE PENAL LAW OR ANY CRIME DEFINED IN THE LAWS OF
 THIS STATE OTHER THAN A SEX OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIR-
 TY OF THE PENAL LAW, AN OFFENSE DEFINED IN ARTICLE  TWO  HUNDRED  SIXTY-
 THREE  OF THE PENAL LAW, A FELONY OFFENSE DEFINED IN ARTICLE ONE HUNDRED
 TWENTY-FIVE OF THE PENAL  LAW,  A  VIOLENT  FELONY  OFFENSE  DEFINED  IN
 SECTION  70.02 OF THE PENAL LAW, A CLASS A FELONY OFFENSE DEFINED IN THE
 PENAL LAW, A FELONY OFFENSE DEFINED IN ARTICLE ONE HUNDRED FIVE  OF  THE
 PENAL  LAW  WHERE  THE UNDERLYING OFFENSE IS NOT AN ELIGIBLE OFFENSE, AN
 ATTEMPT TO COMMIT AN OFFENSE THAT IS NOT  AN  ELIGIBLE  OFFENSE  IF  THE
 ATTEMPT  IS  A  FELONY,  OR  AN  OFFENSE FOR WHICH REGISTRATION AS A SEX
 OFFENDER IS REQUIRED PURSUANT TO ARTICLE 6-C OF THE CORRECTION LAW.  FOR
 THE  PURPOSES OF THIS SECTION, WHERE THE INDIVIDUAL IS CONVICTED OF MORE
 THAN ONE ELIGIBLE OFFENSE, COMMITTED AS PART OF THE SAME CRIMINAL TRANS-
 ACTION AS DEFINED IN SUBDIVISION TWO OF SECTION 40.10 OF  THIS  CHAPTER,
 THOSE OFFENSES SHALL BE CONSIDERED ONE ELIGIBLE OFFENSE.
   2.  FOR THE PURPOSES OF SUBDIVISION THREE OF THIS SECTION, AN ELIGIBLE
 CONVICTION SHALL BE EXPUNGED:
   (A) WHEN AT LEAST THREE YEARS HAVE PASSED SINCE THE IMPOSITION OF  THE
 SENTENCE  ON  THE  INDIVIDUAL'S  ELIGIBLE  CONVICTION  IF  THE  ELIGIBLE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15567-04-0

 S. 8165                             2
 
 CONVICTION IS FOR A VIOLATION  SPECIFIED  IN  SUBDIVISION  ONE  OF  THIS
 SECTION OR A MISDEMEANOR OFFENSE, AND THE INDIVIDUAL:
   (I) DOES NOT HAVE A CRIMINAL CHARGE PENDING WITHIN THE STATE;
   (II) IS NOT CURRENTLY UNDER THE SUPERVISION OF ANY PROBATION OR PAROLE
 DEPARTMENT; AND
   (III)  HAS  NOT BEEN CONVICTED WITHIN THE STATE OF EITHER: (A) ANOTHER
 MISDEMEANOR OFFENSE OR A VIOLATION OF SUBDIVISION  ONE  OF  SECTION  ONE
 THOUSAND ONE HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW OR SUBDI-
 VISION TWO OF SECTION 240.37 OF THE PENAL LAW WITHIN THE PRECEDING THREE
 YEARS; OR (B) ANY FELONY OFFENSE WITHIN THE PRECEDING FIVE YEARS.
   (B)  WHEN  AT LEAST FIVE YEARS HAVE PASSED SINCE THE IMPOSITION OF THE
 SENTENCE  ON  THE  INDIVIDUAL'S  ELIGIBLE  CONVICTION  IF  THE  ELIGIBLE
 CONVICTION IS FOR A FELONY OFFENSE, AND THE INDIVIDUAL:
   (I) DOES NOT HAVE A CRIMINAL CHARGE PENDING WITHIN THE STATE;
   (II) IS NOT CURRENTLY UNDER THE SUPERVISION OF ANY PROBATION OR PAROLE
 DEPARTMENT; AND
   (III)  HAS  NOT BEEN CONVICTED WITHIN THE STATE OF EITHER: (A) ANOTHER
 FELONY OFFENSE WITHIN THE PRECEDING FIVE YEARS; OR (B)  ANY  MISDEMEANOR
 OFFENSE  OR  A  VIOLATION OF SUBDIVISION ONE OF SECTION ONE THOUSAND ONE
 HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW OR SUBDIVISION TWO  OF
 SECTION 240.37 OF THE PENAL LAW WITHIN THE PRECEDING THREE YEARS.
   (C) IN CALCULATING THE TIME PERIODS UNDER THIS SUBDIVISION, ANY PERIOD
 OF  TIME  DURING WHICH THE INDIVIDUAL WAS INCARCERATED SHALL BE EXCLUDED
 AND SUCH TIME PERIOD SHALL BE EXTENDED BY A PERIOD  EQUAL  TO  THE  TIME
 SERVED UNDER SUCH INCARCERATION.
   3.  WHERE  AN INDIVIDUAL WAS CONVICTED WITHIN THE STATE OF AN ELIGIBLE
 CONVICTION BEFORE, ON, OR AFTER THE EFFECTIVE DATE OF THIS  SECTION  AND
 THE  REQUIREMENTS FOR EXPUNGEMENT, AS DEFINED IN SUBDIVISION TWO OF THIS
 SECTION, ARE SATISFIED, THE COMMISSIONER OF  THE  DIVISION  OF  CRIMINAL
 JUSTICE  SERVICES  SHALL IMMEDIATELY NOTIFY THE CLERK OF THE COURT WHERE
 SUCH CONVICTION WAS RENDERED AND THE HEADS  OF  ALL  APPROPRIATE  POLICE
 DEPARTMENTS,  PROSECUTORS'  OFFICES  AND  LAW  ENFORCEMENT AGENCIES THAT
 RECORDS OF OR RELATING TO  SUCH  ACTION  OR  PROCEEDING  BE  IMMEDIATELY
 EXPUNGED AS FOLLOWS:
   (A)  EVERY  PHOTOGRAPH OF SUCH PERSON AND PHOTOGRAPHIC PLATE OR PROOF,
 AND ALL PALMPRINTS, FINGERPRINTS AND RETINA SCANS TAKEN OR MADE OF  SUCH
 PERSON  PURSUANT  TO  THE  PROVISIONS  OF  THIS ARTICLE IN REGARD TO THE
 ELIGIBLE CONVICTION, AND ALL DUPLICATES AND  COPIES  THEREOF,  EXCEPT  A
 DIGITAL  FINGERPRINT IMAGE WHERE AUTHORIZED PURSUANT TO PARAGRAPH (E) OF
 THIS SUBDIVISION, SHALL FORTHWITH BE DESTROYED BY THE DIVISION OF CRIMI-
 NAL JUSTICE SERVICES AND BY ANY POLICE DEPARTMENT,  PROSECUTOR'S  OFFICE
 OR LAW ENFORCEMENT AGENCY HAVING ANY SUCH PHOTOGRAPH, PHOTOGRAPHIC PLATE
 OR  PROOF,  PALMPRINT, FINGERPRINTS OR RETINA SCANS IN ITS POSSESSION OR
 UNDER ITS CONTROL;
   (B) EVERY POLICE DEPARTMENT, PROSECUTOR'S OFFICE  OR  LAW  ENFORCEMENT
 AGENCY, INCLUDING THE DIVISION OF CRIMINAL JUSTICE SERVICES, WHICH TRAN-
 SMITTED  OR OTHERWISE FORWARDED TO ANY AGENCY OF THE UNITED STATES OR OF
 ANY OTHER STATE OR OF ANY OTHER JURISDICTION OUTSIDE THE STATE COPIES OF
 ANY SUCH PHOTOGRAPHS, PHOTOGRAPHIC PLATES OR PROOFS, PALMPRINTS, FINGER-
 PRINTS OR RETINA SCANS SHALL FORTHWITH FORMALLY INFORM  SUCH  AGENCY  IN
 WRITING  THAT  THE  MATTER HAS BEEN EXPUNGED AND REQUEST IN WRITING THAT
 ALL SUCH COPIES BE DESTROYED;
   (C) EVERY OFFICIAL RECORD AND PAPER AND DUPLICATES AND COPIES THEREOF,
 INCLUDING, BUT NOT LIMITED TO, JUDGMENTS AND ORDERS OF A COURT  BUT  NOT
 INCLUDING PUBLISHED COURT DECISIONS OR OPINIONS OR PUBLISHED RECORDS AND
 PUBLISHED BRIEFS ON APPEAL, RELATING TO THE CONVICTION, ON FILE WITH THE

 S. 8165                             3
 
 DIVISION  OF  CRIMINAL JUSTICE SERVICES OR ANY COURT, POLICE DEPARTMENT,
 PROSECUTOR'S OFFICE  OR  LAW  ENFORCEMENT  AGENCY  SHALL  BE  MARKED  AS
 EXPUNGED BY CONSPICUOUSLY INDICATING ON THE FACE OF THE RECORD OR AT THE
 BEGINNING  OF  THE DIGITIZED FILE OF THE RECORD THAT THE RECORD HAS BEEN
 DESIGNATED AS EXPUNGED. EXCEPT AS SET FORTH IN  PARAGRAPH  (D)  OF  THIS
 SUBDIVISION,  SUCH  RECORDS  AND  PAPERS SHALL BE MARKED AS EXPUNGED AND
 SEALED AND NOT BE MADE AVAILABLE TO ANY  PERSON  OR  PUBLIC  OR  PRIVATE
 AGENCY,  EVEN  IF THE RECORDS WERE PREVIOUSLY OBTAINED BY SUCH PERSON OR
 PUBLIC OR PRIVATE AGENCY. EXCEPT AS SET FORTH IN PARAGRAPH (D)  OF  THIS
 SUBDIVISION,  AND IN SUCH INSTANCES SPECIFICALLY AUTHORIZED BY LAW, SUCH
 RECORDS SHALL NOT BE USED  TO  CONFIRM  THE  EXISTENCE  OF  AN  EXPUNGED
 CONVICTION, TO CREATE ANY RECORD THEREOF, OR FOR ANY OTHER PURPOSE;
   (D)  RECORDS  SET  FORTH IN PARAGRAPH (C) OF THIS SUBDIVISION SHALL BE
 MADE AVAILABLE TO THE INDIVIDUAL OR TO SUCH INDIVIDUAL'S  ATTORNEY,  AND
 SHALL BE MADE AVAILABLE TO: (I) THE COURT AND THE PROSECUTION FOR CHARG-
 ING AND SENTENCING PURPOSES ONLY IF THE FACT OF A PRIOR CONVICTION WOULD
 ENHANCE  A  PENALTY  OR  IS  AN ELEMENT OF THE OFFENSE CHARGED; (II) THE
 COURT, THE PROSECUTION, AND THE DEFENSE  IF  THE  INDIVIDUAL  BECOMES  A
 WITNESS  IN  A  PROCEEDING;  (III)  THE  PROSECUTION AND THE DEFENSE FOR
 PURPOSES OF MEETING THE REQUIREMENTS OF ARTICLE TWO  HUNDRED  FORTY-FIVE
 OF  THIS CHAPTER; (IV) ANY STATE OR LOCAL OFFICER OR AGENCY WITH RESPON-
 SIBILITY FOR THE ISSUANCE OF LICENSES TO POSSESS GUNS, WHEN THE INDIVID-
 UAL HAS MADE APPLICATION FOR SUCH A  LICENSE;  OR  (V)  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 EMPLOYMENT AS A POLICE  OFFI-
 CER  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 THERETO; AND
   (E) WHERE FINGERPRINTS SUBJECT TO THE PROVISIONS OF THIS SECTION  HAVE
 BEEN RECEIVED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES AND HAVE BEEN
 FILED  BY  THE  DIVISION OF CRIMINAL JUSTICE SERVICES AS DIGITAL IMAGES,
 SUCH IMAGES MAY BE RETAINED, PROVIDED THAT A  FINGERPRINT  CARD  OF  THE
 INDIVIDUAL  IS  ON  FILE  WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES
 WHICH WAS NOT DESTROYED PURSUANT TO THIS SECTION.
   4. A CONVICTION WHICH IS EXPUNGED PURSUANT  TO  THIS  SECTION  IS  NOT
 INCLUDED  WITHIN  THE DEFINITION OF A CONVICTION FOR THE PURPOSES OF ANY
 SUBSEQUENT CRIMINAL PROCEEDING, EXCEPT AS  SPECIFIED  UNDER  SUBDIVISION
 THREE OF THIS SECTION.
   5. IN SITUATIONS WHERE AUTOMATIC EXPUNGEMENT AND RECORD DESTRUCTION IS
 REQUIRED BY SUBDIVISIONS TWO AND THREE OF THIS SECTION BUT HAS NOT TAKEN
 PLACE,  OR WHERE SUPPORTING COURT RECORDS CANNOT BE LOCATED OR HAVE BEEN
 DESTROYED, AND AN INDIVIDUAL OR THEIR ATTORNEY SUBMITS  NOTIFICATION  OF
 SUCH FACT TO THE DIVISION OF CRIMINAL JUSTICE SERVICES, AS PRESCRIBED IN
 SUBDIVISION  TWENTY-TWO  OF  SECTION  EIGHT  HUNDRED THIRTY-SEVEN OF THE
 EXECUTIVE LAW, WITHIN THIRTY DAYS OF SUCH  NOTICE  TO  THE  DIVISION  OF
 CRIMINAL JUSTICE SERVICES, THE CONVICTION SHALL BE EXPUNGED AS SET FORTH
 IN SUBDIVISION THREE OF THIS SECTION.
   6.  NO  PERSON SHALL BE REQUIRED OR PERMITTED TO WAIVE ELIGIBILITY FOR
 EXPUNGEMENT PURSUANT TO THIS SECTION  AS  PART  OF  A  PLEA  OF  GUILTY,
 SENTENCE  OR  ANY AGREEMENT WITH THE PROSECUTION.  ANY SUCH WAIVER SHALL
 BE DEEMED VOID AND WHOLLY UNENFORCEABLE.
   7. EXPUNGEMENT AS SET FORTH IN SUBDIVISION THREE OF  THIS  SECTION  IS
 WITHOUT  PREJUDICE  TO  AN  INDIVIDUAL OR THEIR ATTORNEY SEEKING FURTHER
 RELIEF PURSUANT TO SECTION 440.10 OF THIS PART. NOTHING IN THIS  SECTION

 S. 8165                             4
 
 SHALL DIMINISH OR ABROGATE ANY RIGHTS OR REMEDIES OTHERWISE AVAILABLE TO
 THE INDIVIDUAL.
   8.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, EXCEPT AS PROVIDED IN
 PARAGRAPH (D) OF SUBDIVISION THREE OF THIS SECTION AND PARAGRAPH (E)  OF
 SUBDIVISION  FOUR OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE
 LAW, WHERE AUTOMATIC EXPUNGEMENT OF A CONVICTION  IS  REQUIRED  BY  THIS
 SECTION BUT ANY COURT RECORD OR ANY RECORD HELD BY THE DIVISION OF CRIM-
 INAL  JUSTICE SERVICES HAS NOT YET BEEN UPDATED TO REFLECT THE SAME, THE
 CONVICTION SHALL BE EXCLUDED FROM ANY WRITTEN OR ELECTRONIC  REPORT  RUN
 BY THE DIVISION OF CRIMINAL JUSTICE SERVICES OR OFFICE OF COURT ADMINIS-
 TRATION.
   9. ALL RECORDS FOR A CONVICTION SUBJECT TO AUTOMATIC EXPUNGEMENT UNDER
 THIS SECTION WHERE THE CONVICTION WAS ENTERED ON OR BEFORE THE EFFECTIVE
 DATE  OF  THIS  SECTION SHALL BE EXPUNGED PROMPTLY AND, IN ANY EVENT, NO
 LATER THAN ONE YEAR AFTER SUCH EFFECTIVE DATE.
   § 2. Subdivision 45 of section 1.20 of the criminal procedure law,  as
 added by chapter 131 of the laws of 2019, is amended to read as follows:
   45.  ["Expunge"] "TO EXPUNGE" means, [where an arrest and any enforce-
 ment activity connected with that arrest, including prosecution and  any
 disposition  in  any  New  York state court, is deemed a nullity and the
 accused is restored, in contemplation of the law,  to  the  status  such
 individual  occupied  before the arrest, prosecution and/or disposition;
 that records of such arrest, prosecution  and/or  disposition  shall  be
 marked  as expunged or shall be destroyed as set forth in section 160.50
 of this chapter.  Neither the arrest nor prosecution and/or disposition,
 if any, of a matter deemed a nullity shall operate as a disqualification
 of any person so accused to pursue or engage  in  any  lawful  activity,
 occupation,  profession  or  calling]  AS SET FORTH IN SECTION 160.50 OR
 160.57 OF THIS TITLE, TO  DESTROY,  OR TO MARK AS EXPUNGED, SEAL AND NOT
 MAKE AVAILABLE TO ANY PERSON OR PUBLIC OR PRIVATE AGENCY,  ALL  RECORDS,
 INCLUDING  ALL   OFFICIAL RECORDS  AND PAPERS,  OF  SUCH  ARREST, PROSE-
 CUTION AND DISPOSITION. AN EXPUNGED CONVICTION SHALL NOT  OPERATE  AS  A
 DISQUALIFICATION  OF  ANY PERSON SO  ACCUSED  TO PURSUE OR ENGAGE IN ANY
 LAWFUL ACTIVITY, OCCUPATION, PROFESSION OR CALLING. Except where specif-
 ically required or permitted by statute or upon  specific  authorization
 of  a superior court, no such person shall be required to divulge infor-
 mation pertaining to the arrest, prosecution and/or disposition of  such
 a matter.
   §  3.  Section  837  of  the  executive law is amended by adding a new
 subdivision 22 to read as follows:
   22. PROMULGATE A STANDARDIZED FORM FOR USE BY  INDIVIDUALS  TO  NOTIFY
 THE  DIVISION OF CONVICTIONS SUBJECT TO EXPUNGEMENT UNDER SECTION 160.57
 OF THE CRIMINAL PROCEDURE LAW,  BUT  FOR  WHICH  THE  DIVISION  HAS  NOT
 EXPUNGED RELATED RECORDS.
   § 4. Subdivision 16 of section 296 of the executive law, as amended by
 section  2 of subpart O of part II of chapter 55 of the laws of 2019, 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

 S. 8165                             5
 
 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 EXPUNGED PURSUANT  TO  SECTION  160.57  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 proceed-
 ing 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 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
 EXPUNGED PURSUANT TO SECTION 160.57 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  activ-
 ities  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
 EXPUNGED PURSUANT TO SECTION 160.57 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.  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.
   § 5. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

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Senate Bill S8165

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2019-S8165 (ACTIVE) - Details

2019-S8165 (ACTIVE) - Summary

2019-S8165 (ACTIVE) - Sponsor Memo

2019-S8165 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8165

Share this bill

Sponsored By

Zellnor Myrie

Archive: Last Bill Status - In Senate Committee Codes Committee

2019-S8165 (ACTIVE) - Details

2019-S8165 (ACTIVE) - Summary

2019-S8165 (ACTIVE) - Sponsor Memo

2019-S8165 (ACTIVE) - Bill Text download pdf

Comments