S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1029
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by  M.  of  A. CRUZ, PRETLOW, GONZALEZ-ROJAS, MEEKS, BURGOS,
   MAMDANI, WALKER, JACKSON, SEAWRIGHT, SIMON, DICKENS, HYNDMAN, EPSTEIN,
   ANDERSON, KELLES, BURDICK, GALLAGHER, CARROLL, SEPTIMO,  L. ROSENTHAL,
   ZINERMAN,  REYES,  HEVESI,  DARLING,  AUBRY, MITAYNES, WEPRIN, LAVINE,
   JOYNER, BICHOTTE HERMELYN, JEAN-PIERRE, KIM,  HUNTER,  CLARK,  RIVERA,
   BRONSON,  GIBBS,  THIELE,  DE LOS SANTOS, DAVILA, TAYLOR, COOK, VANEL,
   FAHY, TAPIA, CUNNINGHAM, GLICK,  LUCAS,  CHANDLER-WATERMAN,  DINOWITZ,
   OTIS -- Multi-Sponsored by -- M. of A. RAMOS -- read once and referred
   to the Committee on Codes
 
 AN  ACT  to  amend the criminal procedure law, the executive law and the
   correction  law,  in  relation  to  automatic   sealing   of   certain
   convictions
 
   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 160.57 to read as follows:
 § 160.57 AUTOMATIC SEALING OF CONVICTIONS.
   1.  CONVICTIONS  FOR CERTAIN TRAFFIC INFRACTIONS AND VIOLATIONS OR ANY
 CRIME DEFINED IN THE LAWS OF THIS STATE SHALL BE  SEALED  IN  ACCORDANCE
 WITH PARAGRAPH (C) OF THIS SUBDIVISION AS FOLLOWS:
   (A)  CONVICTIONS FOR SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-
 TWO OF THE VEHICLE AND TRAFFIC LAW SHALL BE SEALED AFTER THREE YEARS.
   (B) CRIMINAL CONVICTIONS FOR MISDEMEANORS AND FELONIES SHALL BE SEALED
 UPON SATISFACTION OF THE FOLLOWING CONDITIONS:
   (I) AT LEAST THREE YEARS HAVE PASSED FROM THE IMPOSITION  OF  SENTENCE
 ON  THE DEFENDANT'S MOST RECENT MISDEMEANOR CONVICTION IN THIS STATE AND
 AT LEAST SEVEN YEARS HAVE PASSED SINCE THE IMPOSITION OF SENTENCE ON THE
 DEFENDANT'S MOST RECENT FELONY CONVICTION IN THIS STATE; IN  CALCULATING
 THE TIME PERIODS UNDER THIS SECTION, ANY PERIOD OF TIME DURING WHICH THE
 DEFENDANT  WAS  INCARCERATED  ON A DETERMINATE OR INDETERMINATE SENTENCE
 FOR A PERIOD OF AT LEAST ONE YEAR SHALL BE EXCLUDED AND SUCH TIME PERIOD
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01987-01-3
              

 A. 1029                             2
 
 SHALL BE EXTENDED BY A PERIOD EQUAL TO THE TIME SERVED UNDER SUCH INCAR-
 CERATION WITH SUCH PERIOD BEING CALCULATED FROM THE ORIGINAL  SENTENCING
 DATE,  NOTWITHSTANDING ANY MODIFICATION OR VACATUR OF THE ORIGINAL JUDG-
 MENT,  CONVICTION,  OR  SENTENCE  AND  THE  ENTRY  OF  THE NEW JUDGMENT,
 CONVICTION, OR SENTENCE;
   (II) THE DEFENDANT DOES NOT HAVE A SUBSEQUENT CRIMINAL CHARGE  PENDING
 IN THIS STATE;
   (III)  THE  DEFENDANT  IS  NOT  CURRENTLY UNDER THE SUPERVISION OF ANY
 PROBATION OR PAROLE DEPARTMENT FOR THE ELIGIBLE CONVICTION; AND
   (IV) THE CONVICTION IS NOT DEFINED AS A SEX OFFENSE UNDER SECTION  ONE
 HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW.
   (C)  WHERE  A  CONVICTION  IS  ELIGIBLE  FOR  SEALING PURSUANT TO THIS
 SECTION BEFORE, ON, OR AFTER THE EFFECTIVE DATE  OF  THIS  SECTION,  THE
 DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  SHALL  IMMEDIATELY NOTIFY THE
 OFFICE OF COURT ADMINISTRATION, THE COURT OF CONVICTION, AND  THE  HEADS
 OF ALL APPROPRIATE POLICE AND SHERIFF DEPARTMENTS THAT THE CONVICTION IS
 SEALED.
   (D)  RECORDS  OF CONVICTIONS SEALED PURSUANT TO THIS SECTION INCLUDING
 PHOTOGRAPHS, PHOTOGRAPHIC PLATES OR PROOFS, PALMPRINTS, FINGERPRINTS  OR
 RETINA SCANS SHALL NOT BE ACCESSED BY OR MADE AVAILABLE TO ANY PERSON OR
 PUBLIC  OR  PRIVATE AGENCY, OR USED BY ANY ENTITY COVERED BY SUBDIVISION
 THREE OF THIS SECTION EXCEPT FOR:
   (I) THE DEFENDANT AND SUCH DEFENDANT'S COUNSEL;
   (II) ANY COURT, DEFENSE COUNSEL OR PROSECUTOR FOR THE  PURPOSES  OF  A
 PENDING  CRIMINAL  PROCEEDING OR PROCEEDINGS BROUGHT IN A CRIMINAL COURT
 PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW;
   (III) QUALIFIED AGENCIES, AS DEFINED IN SUBDIVISION  NINE  OF  SECTION
 EIGHT  HUNDRED  THIRTY-FIVE  OF THE EXECUTIVE LAW, FEDERAL AND STATE LAW
 ENFORCEMENT AGENCIES, AND INTERSTATE AND  INTERNATIONAL  AUTHORITIES  AS
 DEFINED  IN  SUBDIVISION  THREE OF SECTION TWO OF THE PUBLIC AUTHORITIES
 LAW, WHEN ACTING WITHIN THE SCOPE OF THEIR LAW ENFORCEMENT DUTIES;
   (IV) THE COURT, PROSECUTOR,  AND  DEFENSE  COUNSEL  IF  THE  DEFENDANT
 BECOMES A WITNESS IN A CRIMINAL PROCEEDING, OR THE CLAIMANT AND RESPOND-
 ENT IF THE DEFENDANT BECOMES A WITNESS IN A CIVIL PROCEEDING;
   (V)  WHEN  AN  INDIVIDUAL  IS  A DEFENDANT IN A CRIMINAL PROCEEDING OR
 PROCEEDINGS BROUGHT IN A CRIMINAL COURT PURSUANT TO ARTICLE SIX-C OF THE
 CORRECTIONS LAW AND THE SEALED RECORDS OF CONVICTION OF  A  THIRD  PARTY
 ARE  INTEGRAL TO THEIR DEFENSE. IN SUCH INSTANCES, USE OF SEALED RECORDS
 OF CONVICTION SHALL BE REQUESTED UPON EX PARTE MOTION  IN  ANY  SUPERIOR
 COURT, OR IN ANY DISTRICT COURT, CITY COURT OR THE CRIMINAL COURT OF THE
 CITY  OF  NEW YORK PROVIDED THAT SUCH COURT IS WHERE THE ACTION IS PEND-
 ING. THE APPLICANT MUST DEMONSTRATE TO THE  SATISFACTION  OF  THE  COURT
 THAT THE RECORDS WILL BE USED FOR THE PURPOSE OF THIS SUBPARAGRAPH;
   (VI) ENTITIES THAT ARE REQUIRED BY STATE OR FEDERAL LAW TO REQUEST AND
 RECEIVE  A  FINGERPRINT-BASED  CHECK  OF  CRIMINAL  HISTORY INFORMATION,
 INCLUDING THE STATE EDUCATION  DEPARTMENT  OFFICE  OF  SCHOOL  PERSONNEL
 REVIEW  AND  ACCOUNTABILITY  FOR THE PURPOSES OF SECTIONS THREE THOUSAND
 FOUR-B, THREE THOUSAND ONE-B, AND  THREE  THOUSAND  THIRTY-FIVE  OF  THE
 EDUCATION  LAW,  PROVIDED, HOWEVER, THAT A PERSON WHOSE CRIMINAL HISTORY
 INFORMATION IS RETRIEVED PURSUANT TO THIS PARAGRAPH SHALL  BE  FURNISHED
 WITH  A  COPY OF SUCH INFORMATION, TOGETHER WITH A COPY OF ARTICLE TWEN-
 TY-THREE-A OF THE CORRECTION LAW, AND INFORMED OF HIS OR  HER  RIGHT  TO
 SEEK  CORRECTION OF ANY INCORRECT INFORMATION CONTAINED IN SUCH CRIMINAL
 HISTORY INFORMATION PURSUANT TO REGULATIONS AND  PROCEDURES  ESTABLISHED
 BY THE DIVISION OF CRIMINAL JUSTICE SERVICES;
 A. 1029                             3
 
   (VII)  PURSUANT  TO  APPLICABLE REGULATIONS PROMULGATED BY THE COMMIS-
 SIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES, SPECIFIED  ENTITIES
 THAT  ARE  AUTHORIZED  BY  STATE OR FEDERAL LAW TO REQUEST AND RECEIVE A
 FINGERPRINT-BASED CHECK OF CRIMINAL HISTORY INFORMATION IN  RELATION  TO
 THE PROVISION OF CARE OR SERVICES TO CHILDREN, AS DEFINED IN SUBDIVISION
 ONE OF SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW, AND
 VULNERABLE  PERSONS,  AS  DEFINED IN SUBDIVISION FIFTEEN OF SECTION FOUR
 HUNDRED EIGHTY-EIGHT OF THE SOCIAL SERVICES LAW, PROVIDED, HOWEVER, THAT
 A PERSON WHOSE CRIMINAL HISTORY INFORMATION  IS  RETRIEVED  PURSUANT  TO
 THIS  PARAGRAPH  SHALL  BE PROVIDED WITH A COPY OF SUCH CRIMINAL HISTORY
 INFORMATION, TOGETHER WITH A  COPY  OF  ARTICLE  TWENTY-THREE-A  OF  THE
 CORRECTION  LAW,  AND INFORMED OF HIS OR HER RIGHT TO SEEK CORRECTION OF
 ANY INCORRECT INFORMATION CONTAINED IN SUCH CRIMINAL HISTORY INFORMATION
 PURSUANT TO REGULATIONS AND PROCEDURES ESTABLISHED BY  THE  DIVISION  OF
 CRIMINAL JUSTICE SERVICES;
   (VIII)  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 OFFICER, PROVIDED, HOWEVER, THAT EVERY PERSON WHO
 IS AN APPLICANT SHALL BE FURNISHED WITH A COPY OF ALL  RECORDS  OBTAINED
 UNDER  THIS PARAGRAPH AND AFFORDED AN OPPORTUNITY TO MAKE AN EXPLANATION
 THERETO;
   (IX) ANY FEDERAL, STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY
 FOR THE ISSUANCE OF LICENSES TO POSSESS A FIREARM, RIFLE OR  SHOTGUN  OR
 WITH  RESPONSIBILITY FOR CONDUCTING BACKGROUND CHECKS BEFORE TRANSFER OR
 SALE OF A FIREARM OR EXPLOSIVE, WHEN THE OFFICER  OR  AGENCY  IS  ACTING
 PURSUANT  TO  SUCH  RESPONSIBILITY.  THIS  INCLUDES THE CRIMINAL JUSTICE
 INFORMATION SERVICES DIVISION OF THE FEDERAL  BUREAU  OF  INVESTIGATION,
 FOR  THE PURPOSES OF RESPONDING TO QUERIES TO THE NATIONAL INSTANT BACK-
 GROUND CHECK SYSTEM REGARDING ATTEMPTS TO  PURCHASE  OR  OTHERWISE  TAKE
 POSSESSION  OF  FIREARMS,  RIFLES OR SHOTGUNS, AS DEFINED IN 18 U.S.C. §
 921 (A)(3);
   (X) FOR THE PURPOSES OF CIVILIAN  INVESTIGATION  OR  EVALUATION  OF  A
 CIVILIAN  COMPLAINT OR CIVIL ACTION CONCERNING LAW ENFORCEMENT OR PROSE-
 CUTION ACTIONS, UPON EX PARTE MOTION IN ANY SUPERIOR COURT,  OR  IN  ANY
 DISTRICT COURT, CITY COURT OR THE CRIMINAL COURT OF THE CITY OF NEW YORK
 PROVIDED  THAT  SUCH  COURT SEALED THE RECORD; THE APPLICANT MUST DEMON-
 STRATE TO THE SATISFACTION OF THE COURT THAT THE RECORDS  WILL  BE  USED
 FOR THE PURPOSES OF THIS SUBPARAGRAPH;
   (XI)  FOR  INFORMATION PROVIDED TO AN INDIVIDUAL OR ENTITY PURSUANT TO
 PARAGRAPH (E) OF SUBDIVISION FOUR OF SECTION EIGHT HUNDRED  THIRTY-SEVEN
 OF  THE  EXECUTIVE  LAW  OR FOR BONA FIDE RESEARCH PURPOSES PROVIDED ALL
 IDENTIFYING INFORMATION IS REMOVED;
   (XII) WHEN AN INDIVIDUAL SEEKS TO AVAIL THEMSELVES OF A PUBLIC PROGRAM
 OR BENEFIT, INCLUDING BUT NOT LIMITED TO  AN  IMMIGRATION  BENEFIT,  FOR
 WHICH  THE SEALED RECORDS OF CONVICTION OF A THIRD PARTY ARE INTEGRAL TO
 THEIR APPLICATION FOR SUCH PROGRAM OR BENEFIT. IN  SUCH  INSTANCES,  THE
 INDIVIDUAL  OR  THEIR  ATTORNEY  SHALL REQUEST THE USE OF SEALED RECORDS
 PURSUANT TO A FORM AS PRESCRIBED IN SUBDIVISION TWENTY-THREE OF  SECTION
 EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW;
   (XIII)  FOR  THE PURPOSE OF COLLECTION OF RESTITUTION ORDERED PURSUANT
 TO SECTION 60.27 OF THE PENAL LAW. IN  SUCH  INSTANCES,  USE  OF  SEALED
 RECORDS  SHALL  BE REQUESTED UPON EX PARTE MOTION IN ANY SUPERIOR COURT,
 OR IN ANY DISTRICT COURT, CITY COURT OR CRIMINAL COURT OF  THE  CITY  OF
 NEW  YORK  PROVIDED  THAT SUCH COURT IS WHERE THE ACTION IS PENDING. THE
 A. 1029                             4

 APPLICANT MUST DEMONSTRATE TO THE SATISFACTION OF  THE  COURT  THAT  THE
 RECORDS WILL BE USED FOR THE PURPOSE OF THIS SUBPARAGRAPH;
   (XIV) TRANSPORTATION NETWORK COMPANIES THAT ARE REQUIRED OR AUTHORIZED
 BY STATE LAW TO REQUEST CRIMINAL HISTORY INFORMATION PURSUANT TO SECTION
 SIXTEEN HUNDRED NINETY-NINE OF THE VEHICLE AND TRAFFIC LAW; AND
   (XV) THE STATE EDUCATION DEPARTMENT OFFICE OF THE PROFESSIONS, FOR THE
 PURPOSES OF:
   (1)  INVESTIGATING  PROFESSIONAL MISCONDUCT AS DEFINED BY SUBPARAGRAPH
 (I) OF PARAGRAPH (A) OF SUBDIVISION FIVE OF SECTION  SIXTY-FIVE  HUNDRED
 NINE  OF  THE  EDUCATION  LAW  OR  FOR CONSIDERATION OF RESTORATION OF A
 PROFESSIONAL LICENSE PURSUANT TO SECTION SIXTY-FIVE  HUNDRED  ELEVEN  OF
 THE EDUCATION LAW, PROVIDED THAT THE OFFICE OF THE PROFESSIONS CERTIFIES
 TO THE DIVISION OF CRIMINAL JUSTICE SERVICES THAT IT IS INVESTIGATING AN
 INDIVIDUAL  LICENSED  TO  PRACTICE  A PROFESSION PURSUANT TO ARTICLE ONE
 HUNDRED THIRTY OF THE  EDUCATION  LAW  FOR  PROFESSIONAL  MISCONDUCT  AS
 DEFINED  BY  PARAGRAPH  (A)  OF  SUBDIVISION  FIVE OF SECTION SIXTY-FIVE
 HUNDRED NINE OF THE  EDUCATION  LAW  OR  CONSIDERING  RESTORATION  OF  A
 PROFESSIONAL  LICENSE  PURSUANT  TO SECTION SIXTY-FIVE HUNDRED ELEVEN OF
 THE EDUCATION LAW, AS APPROPRIATE, AND  THAT  A  PERSON  WHOSE  CRIMINAL
 HISTORY  INFORMATION  IS  RETRIEVED  PURSUANT TO THIS PARAGRAPH SHALL BE
 FURNISHED WITH A COPY OF SUCH INFORMATION, TOGETHER WITH A COPY OF ARTI-
 CLE TWENTY-THREE-A OF THE CORRECTION LAW, AND INFORMED  OF  HIS  OR  HER
 RIGHT  TO SEEK CORRECTION OF ANY INCORRECT INFORMATION CONTAINED IN SUCH
 CRIMINAL HISTORY INFORMATION  PURSUANT  TO  REGULATIONS  AND  PROCEDURES
 ESTABLISHED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES;
   (2)  ISSUING  LICENSES  FOR ADMISSION TO PRACTICE SPECIFIC PROFESSIONS
 DEFINED  IN  SECTIONS  SIXTY-FIVE  HUNDRED  THIRTY,  SIXTY-FIVE  HUNDRED
 FIFTY-FOUR,   SIXTY-SIX  HUNDRED  FOUR,  SIXTY-SIX  HUNDRED  THIRTY-TWO,
 SIXTY-SEVEN HUNDRED THIRTY-FOUR, SIXTY-EIGHT  HUNDRED  FIVE,  SIXTY-NINE
 HUNDRED FIVE, SIXTY-NINE HUNDRED FIFTY-FIVE, SEVEN THOUSAND FOUR, SEVEN-
 TY-ONE  HUNDRED  FOUR,  SEVENTY-FOUR  HUNDRED  FOUR, SEVENTY-SIX HUNDRED
 THREE, SEVENTY-EIGHT HUNDRED FOUR, SEVENTY-NINE HUNDRED FOUR, EIGHTY-TWO
 HUNDRED SIX,  EIGHTY-TWO  HUNDRED  FOURTEEN,  EIGHTY-FOUR  HUNDRED  TWO,
 EIGHTY-FIVE  HUNDRED  FOUR,  EIGHTY-FIVE  HUNDRED FIVE, AND EIGHTY-EIGHT
 HUNDRED FOUR OF THE EDUCATION LAW,  PROVIDED  THAT  THE  OFFICE  OF  THE
 PROFESSIONS  CERTIFIES TO THE DIVISION OF CRIMINAL JUSTICE SERVICES THAT
 IT IS EVALUATING AN INDIVIDUAL FOR A LICENSE  TO  PRACTICE  ONE  OF  THE
 ENUMERATED PROFESSIONS AND THAT A PERSON WHOSE CRIMINAL HISTORY INFORMA-
 TION  IS  RETRIEVED PURSUANT TO THIS PARAGRAPH SHALL BE FURNISHED WITH A
 COPY OF SUCH INFORMATION, TOGETHER WITH A COPY OF ARTICLE TWENTY-THREE-A
 OF THE CORRECTION LAW,  AND  INFORMED  OF  HIS  OR  HER  RIGHT  TO  SEEK
 CORRECTION  OF  ANY  INCORRECT  INFORMATION  CONTAINED  IN SUCH CRIMINAL
 HISTORY INFORMATION PURSUANT TO REGULATIONS AND  PROCEDURES  ESTABLISHED
 BY THE DIVISION OF CRIMINAL JUSTICE SERVICES.
   (E)  WHERE THE SEALING REQUIRED BY THIS PARAGRAPH HAS NOT TAKEN PLACE,
 OR WHERE SUPPORTING  COURT  RECORDS  CANNOT  BE  LOCATED  OR  HAVE  BEEN
 DESTROYED,  AND  A  DEFENDANT  OR THEIR ATTORNEY SUBMITS NOTIFICATION OF
 SUCH FACT TO THE DIVISION OF CRIMINAL JUSTICE SERVICES, AS PRESCRIBED IN
 SUBDIVISION TWENTY-THREE OF SECTION EIGHT HUNDRED  THIRTY-SEVEN  OF  THE
 EXECUTIVE  LAW,  WITHIN  THIRTY DAYS OF SUCH NOTICE TO THE DIVISION, THE
 CONVICTION SHALL BE SEALED AS SET FORTH IN THIS SUBDIVISION.
   2. WHERE A CONVICTION IS ELIGIBLE FOR SEALING PURSUANT TO THIS SECTION
 BEFORE, ON, OR AFTER THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSION-
 ER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL IMMEDIATELY NOTIFY
 THE OFFICE OF COURT ADMINISTRATION, THE  COURT  OF  CONVICTION  AND  THE
 HEADS  OF  ALL  APPROPRIATE POLICE DEPARTMENTS, PROSECUTORS' OFFICES AND
 A. 1029                             5
 
 LAW ENFORCEMENT AGENCIES THAT THE CONVICTION IS SEALED. UPON RECEIPT  OF
 SUCH  NOTIFICATION,  RECORDS  OF OR RELATING TO SUCH CONVICTION SHALL BE
 IMMEDIATELY SEALED PURSUANT TO THIS SECTION.
   (A)  ANY SUCH ENTITY THAT POSSESSES INFORMATION, RECORDS, DOCUMENTS OR
 PAPERS RELATED TO THE ELIGIBLE CONVICTION SHALL SEAL THEM AS FOLLOWS:
   (I) EVERY PHOTOGRAPH OF SUCH  DEFENDANT  AND  PHOTOGRAPHIC  PLATES  OR
 PROOF,  AND  ALL PALMPRINTS, FINGERPRINTS AND RETINA SCANS TAKEN OR MADE
 OF SUCH INDIVIDUAL PURSUANT TO THE PROVISIONS OF THIS ARTICLE IN  REGARD
 TO  THE  ELIGIBLE  CONVICTION,  AND  ALL  DUPLICATES, REPRODUCTIONS, AND
 COPIES THEREOF, EXCEPT A DIGITAL FINGERPRINT THAT IS ON  FILE  WITH  THE
 DIVISION OF CRIMINAL JUSTICE SERVICES FOR A CONVICTION THAT HAS NOT BEEN
 SEALED  PURSUANT  TO THIS SECTION SHALL BE MARKED AS SEALED BY THE DIVI-
 SION  OF  CRIMINAL  JUSTICE  SERVICES  AND  BY  ANY  POLICE  DEPARTMENT,
 PROSECUTOR'S  OFFICE  OR  LAW  ENFORCEMENT AGENCY HAVING ANY SUCH PHOTO-
 GRAPH, PHOTOGRAPHIC PLATE OR PROOF, PALMPRINT,  FINGERPRINTS  OR  RETINA
 SCAN  IN ITS POSSESSION OR UNDER ITS CONTROL 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 SEALED.  WHERE FINGER-
 PRINTS  SUBJECT  TO THE PROVISIONS OF THIS SECTION HAVE BEEN RECEIVED BY
 THE DIVISION OF CRIMINAL JUSTICE SERVICES AND HAVE  BEEN  FILED  BY  THE
 DIVISION  AS  DIGITAL  IMAGES, SUCH IMAGES MAY REMAIN UNSEALED, PROVIDED
 THAT A FINGERPRINT CARD OF THE INDIVIDUAL IS ON FILE WITH  THE  DIVISION
 WHICH WAS NOT SEALED PURSUANT TO THIS SECTION.
   (II)  EVERY OFFICIAL RECORD AND PAPER AND DUPLICATES AND COPIES THERE-
 OF, INCLUDING, BUT NOT LIMITED TO, JUDGMENTS AND ORDERS OF A  COURT  BUT
 NOT  INCLUDING  PUBLISHED  COURT  DECISIONS  OR  OPINIONS OR RECORDS AND
 BRIEFS ON APPEAL, RELATING TO THE CONVICTION, ON FILE  WITH  THE  AGENCY
 SHALL BE MARKED AS SEALED 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 SEALED.
   (B) THIRD-PARTY AGENCIES SHALL SEAL INFORMATION AND ALL RECORDS, DOCU-
 MENTS AND PAPERS RELATING TO THE ELIGIBLE CONVICTION AS FOLLOWS:
   (I) 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 JURISDICTION OUTSIDE OF THIS STATE COPIES OF ANY SUCH
 PHOTOGRAPHS, PHOTOGRAPHIC PLATES OR PROOFS, PALMPRINTS, FINGERPRINTS  OR
 RETINA  SCANS,  SHALL  FORTHWITH  FORMALLY INFORM SUCH AGENCY IN WRITING
 THAT THE MATTER HAS BEEN SEALED AND REQUEST IN  WRITING  THAT  ALL  SUCH
 COPIES  BE  MARKED  AS SEALED 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 SEALED.
   (II)  EVERY OFFICIAL RECORD AND PAPER AND DUPLICATES AND COPIES THERE-
 OF, INCLUDING, BUT NOT LIMITED TO, JUDGMENTS AND ORDERS OF A  COURT  BUT
 NOT  INCLUDING  PUBLISHED  COURT  DECISIONS  OR  OPINIONS OR RECORDS AND
 BRIEFS ON APPEAL, RELATING TO THE CONVICTION, ON FILE  WITH  THE  AGENCY
 SHALL BE MARKED AS SEALED 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 SEALED.
   3. (A) NOTHING IN THIS SECTION REQUIRES THE SEALING OR DESTRUCTION  OF
 DNA  INFORMATION  MAINTAINED  IN THE NEW YORK STATE DNA DATABASE OF SUCH
 INDIVIDUAL PURSUANT TO THE PROVISIONS OF THE EXECUTIVE LAW IN REGARD  TO
 THE ELIGIBLE CONVICTION.
   (B)  NOTHING  IN  THIS  SECTION REQUIRES THE SEALING OR DESTRUCTION OF
 RECORDS MAINTAINED BY THE DEPARTMENT OF MOTOR VEHICLES, AND  NOTHING  IN
 THIS  SECTION  SHALL  BE CONSTRUED TO CONTRAVENE THE VEHICLE AND TRAFFIC
 A. 1029                             6
 
 LAW, THE FEDERAL DRIVER'S PRIVACY PROTECTION  ACT  (18  U.S.C  2721  ET.
 SEQ.),  THE  REAL  ID  ACT  OF  2005 (PUBLIC LAW 109-13; 49 U.S.C. 30301
 NOTE), SECTION 7209 OF THE INTELLIGENCE REFORM AND TERRORISM  PREVENTION
 ACT  OF  1986  (49 U.S.C. 31311), OR REGULATIONS PROMULGATED PURSUANT TO
 ANY SUCH CHAPTER OR ACT.
   (C) THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  IS  AUTHORIZED  TO
 DISCLOSE  A  CONVICTION THAT IS SEALED PURSUANT TO THIS SECTION TO ENTI-
 TIES THAT ARE REQUIRED BY FEDERAL  LAW,  OR  BY  RULES  AND  REGULATIONS
 PROMULGATED BY A SELF-REGULATORY ORGANIZATION CREATED UNDER FEDERAL LAW,
 TO  CONSIDER SEALED CONVICTIONS. SUCH ENTITIES MUST CERTIFY TO THE DIVI-
 SION THAT THEY ARE REQUIRED BY FEDERAL LAW, OR BY RULES AND  REGULATIONS
 PROMULGATED  BY  A  SELF-REGULATORY  ORGANIZATION  THAT HAS BEEN CREATED
 UNDER FEDERAL LAW, TO MAKE AN INQUIRY ABOUT OR CONSIDER  RECORDS  SEALED
 PURSUANT  TO  THIS  SECTION  FOR  PURPOSES  OF EMPLOYMENT, LICENSING, OR
 CLEARANCE. TO THE EXTENT PERMITTED  BY  FEDERAL  LAW,  A  RECORD  SEALED
 PURSUANT  TO  THIS SECTION MAY NOT BE CONSIDERED A CONVICTION THAT WOULD
 PROHIBIT THE EMPLOYMENT, LICENSING OR CLEARANCE OF THE DEFENDANT.
   (D) NOTHING IN THIS SECTION SHALL PROHIBIT ENTITIES REQUIRED BY FEDER-
 AL LAW, OR BY RULES AND REGULATIONS  PROMULGATED  BY  A  SELF-REGULATORY
 ORGANIZATION  THAT  HAS  BEEN  CREATED UNDER FEDERAL LAW, FROM MAKING AN
 INQUIRY  ABOUT  OR  CONSIDERING  AN  APPLICANT'S  CRIMINAL  HISTORY  FOR
 PURPOSES  OF  EMPLOYMENT,  LICENSING,  OR  CLEARANCE FROM INQUIRING INTO
 CONVICTIONS SEALED PURSUANT TO THIS SECTION.
   (E) IN ANY CIVIL ACTION, AN OFFICIAL RECORD OF A CONVICTION  THAT  HAS
 BEEN  SEALED  PURSUANT TO THIS SECTION MAY NOT BE INTRODUCED AS EVIDENCE
 OF NEGLIGENCE AGAINST A  PERSON  OR  ENTITY  THAT  PROVIDED  EMPLOYMENT,
 CONTRACT  LABOR  OR SERVICES, VOLUNTEER WORK, LICENSING, TENANCY, A HOME
 PURCHASE, A MORTGAGE, AN EDUCATION, A LOAN, OR INSURANCE IF SUCH  RECORD
 WAS  SEALED AND WAS NOT PROVIDED TO THE PERSON OR ENTITY BY OR ON BEHALF
 OF A GOVERNMENTAL ENTITY IN ACCORDANCE WITH THIS SECTION IN RESPONSE  TO
 SUCH  PERSON'S  OR ENTITY'S AUTHORIZED AND TIMELY REQUEST FOR CONVICTION
 HISTORY INFORMATION.
   (F) A PERSON OR ENTITY DESCRIBED IN THIS SUBDIVISION,  ACTING  REASON-
 ABLY AND IN GOOD FAITH, MAY NOT HAVE A DUTY TO INVESTIGATE THE FACT OF A
 PRIOR CONVICTION THAT HAS BEEN SEALED PURSUANT TO THIS SECTION.
   4.  NO  DEFENDANT  SHALL BE REQUIRED OR PERMITTED TO WAIVE ELIGIBILITY
 FOR SEALING PURSUANT TO THIS SECTION  AS  PART  OF  A  PLEA  OF  GUILTY,
 SENTENCE OR ANY AGREEMENT RELATED TO A CONVICTION FOR A VIOLATION OF THE
 LAWS OF THIS STATE.  ANY SUCH WAIVER IS VOID AND UNENFORCEABLE.
   5.  SEALING AS SET FORTH IN SUBDIVISION TWO OF THIS SECTION IS WITHOUT
 PREJUDICE TO A DEFENDANT OR THEIR ATTORNEY SEEKING FURTHER RELIEF PURSU-
 ANT TO ARTICLE FOUR HUNDRED FORTY OF THIS  CHAPTER.    NOTHING  IN  THIS
 SECTION  IS INTENDED OR SHALL BE INTERPRETED TO DIMINISH OR ABROGATE ANY
 RIGHTS OR REMEDIES OTHERWISE AVAILABLE TO THE DEFENDANT.
   6. ALL RECORDS FOR A CONVICTION SUBJECT TO SEALING UNDER THIS  SECTION
 WHERE THE CONVICTION WAS ENTERED ON OR BEFORE THE EFFECTIVE DATE OF THIS
 SECTION SHALL RECEIVE THE APPROPRIATE RELIEF PROMPTLY AND, IN ANY EVENT,
 NO LATER THAN TWO YEARS AFTER SUCH EFFECTIVE DATE.
   7.  A  CONVICTION WHICH IS SEALED PURSUANT TO THIS SECTION IS INCLUDED
 WITHIN THE DEFINITION OF A CONVICTION FOR THE PURPOSES OF  ANY  CRIMINAL
 PROCEEDING  IN  WHICH  THE  FACT  OF  A PRIOR CONVICTION WOULD ENHANCE A
 PENALTY OR IS AN ELEMENT OF THE OFFENSE CHARGED.
   8. ANY DEFENDANT CLAIMING TO BE  AGGRIEVED  BY  A  VIOLATION  OF  THIS
 SECTION  SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF APPROPRIATE JURIS-
 DICTION FOR DAMAGES, INCLUDING PUNITIVE DAMAGES, AND SUCH OTHER REMEDIES
 AS MAY BE APPROPRIATE. THE PROVISIONS OF  THIS  ARTICLE  SHALL  ALSO  BE
 A. 1029                             7
 
 ENFORCEABLE  BY  THE DIVISION OF HUMAN RIGHTS PURSUANT TO THE POWERS AND
 PROCEDURES SET FORTH IN ARTICLE FIFTEEN OF THE EXECUTIVE LAW.
   §  2.    Section 845-d of the executive law is amended by adding a new
 subdivision 4 to read as follows:
   4. NOTHING IN THIS SECTION SHALL AUTHORIZE  THE  DIVISION  TO  PROVIDE
 CRIMINAL  HISTORY  INFORMATION THAT IS SEALED PURSUANT TO SECTION 160.57
 OF THE CRIMINAL PROCEDURE LAW TO ANY ENTITY OTHER THAN THOSE  EXPLICITLY
 AUTHORIZED BY THAT SECTION TO RECEIVE OR ACCESS SUCH INFORMATION.
   §  3.  Section 837 of the executive law is amended by adding three new
 subdivisions 24, 25 and 26 to read as follows:
   24. PROMULGATE A STANDARDIZED FORM FOR USE BY  INDIVIDUALS  TO  NOTIFY
 THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES OF CONVICTIONS SUBJECT TO
 SEALING UNDER SECTION 160.57 OF THE  CRIMINAL  PROCEDURE  LAW,  BUT  FOR
 WHICH  THE  DIVISION  HAS  NOT  TAKEN  THE  REQUISITE ACTION FOR RELATED
 RECORDS.
   25. PROMULGATE A CERTIFICATION PROCESS WHEREBY INDIVIDUALS SEEKING USE
 OF SEALED RECORDS PURSUANT TO SUBPARAGRAPH (XII)  OF  PARAGRAPH  (D)  OF
 SUBDIVISION  ONE  OF  SECTION  160.57  OF THE CRIMINAL PROCEDURE LAW MAY
 REQUEST AND ACCESS RECORDS.
   26. ADOPT, AMEND AND RESCIND SUCH REGULATIONS AS MAY BE  NECESSARY  TO
 EFFECTUATE  THE  PROVISIONS  OF  SUBPARAGRAPH  (VII) OF PARAGRAPH (D) OF
 SUBDIVISION ONE OF SECTION 160.57  OF  THE  CRIMINAL  PROCEDURE  LAW  TO
 DETERMINE  ENTITIES AUTHORIZED TO RECEIVE SEALED RECORDS FOR PURPOSES OF
 OCCUPATIONS THAT INVOLVE REGULAR AND SUBSTANTIAL UNSUPERVISED  OR  UNRE-
 STRICTED PHYSICAL CONTACT WITH CHILDREN AS DEFINED IN SUBDIVISION ONE OF
 SECTION  THREE  HUNDRED  SEVENTY-ONE  OF  THE  SOCIAL  SERVICES LAW, AND
 VULNERABLE PERSONS, AS DEFINED IN SUBDIVISION FIFTEEN  OF  SECTION  FOUR
 HUNDRED EIGHTY-EIGHT OF THE SOCIAL SERVICES LAW.
   § 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
 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 (VI), (VII), OR (XV) OF PARAGRAPH (D) OF SUBDI-
 VISION  ONE  OF  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  informa-
 tion  pertaining to any arrest or criminal accusation of such individual
 not then pending against that individual which was followed by a  termi-
 A. 1029                             8
 
 nation  of  that criminal action or proceeding in favor of such individ-
 ual, as defined in subdivision two of section  160.50  of  the  criminal
 procedure  law, or by an order adjourning the criminal action in contem-
 plation  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  offen-
 der adjudication, as defined in subdivision one of section 720.35 of the
 criminal procedure law, or by a conviction for a violation sealed pursu-
 ant  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 (VI), (VII), OR (XV) OF
 PARAGRAPH (D) OF SUBDIVISION ONE  OF  SECTION  160.57  OF  THE  CRIMINAL
 PROCEDURE  LAW.  An individual required or requested to provide informa-
 tion in violation of this subdivision may  respond  as  if  the  arrest,
 criminal  accusation,  or disposition of such arrest or criminal accusa-
 tion 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 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 enforcement 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  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. 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  prose-
 cution.
   § 5. Section 9 of the correction law, as added by section 2 of part OO
 of  chapter  56  of  the laws of 2010, the section heading as amended by
 chapter 322 of the laws of 2021, is amended to read as follows:
   § 9. Access to information of incarcerated individuals via the  inter-
 net.  Notwithstanding any provision of law to the contrary, any informa-
 tion relating to the conviction  of  a  person[,  except  for  a  person
 convicted of an offense that would make such person ineligible for merit
 time under section eight hundred three of this chapter or an offense for
 which  registration as a sex offender is required as set forth in subdi-
 vision two or three of section one hundred sixty-eight-a of  this  chap-
 ter,]  that  is posted on a website maintained by or for the department,
 under article six of the public officers law,  may  be  posted  on  such
 website  for a period not to exceed [five] THREE years after the expira-
 tion of such person's sentence of imprisonment and AT THE CONCLUSION  OF
 any  period  of  parole or post-release supervision[; provided, however,
 that in the case of a person who has been committed to the department on
 more than one occasion, the department may post  conviction  information
 relating  to  any  prior  commitment on such website for a period not to
 exceed five years after the expiration  of  such  person's  sentence  of
 A. 1029                             9

 imprisonment  and any period of parole or post-release supervision aris-
 ing from the most recent commitment to the department].
   §  6.  Severability.  If  any provision of this act or the application
 thereof to any person, corporation or  circumstances  is  held  invalid,
 such invalidity shall not affect other provisions or applications of the
 act  which can be given effect without the invalid provision or applica-
 tion, and to this end the provisions of this  act  are  declared  to  be
 severable.
   § 7. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1029--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by  M.  of  A. CRUZ, PRETLOW, GONZALEZ-ROJAS, MEEKS, BURGOS,
   MAMDANI, WALKER, JACKSON, SEAWRIGHT, SIMON, DICKENS, HYNDMAN, EPSTEIN,
   ANDERSON, KELLES, BURDICK, GALLAGHER, CARROLL, SEPTIMO,  L. ROSENTHAL,
   ZINERMAN,  REYES,  HEVESI,  DARLING,  AUBRY, MITAYNES, WEPRIN, LAVINE,
   JOYNER, BICHOTTE HERMELYN, JEAN-PIERRE, KIM,  HUNTER,  CLARK,  RIVERA,
   BRONSON,  GIBBS,  DE LOS SANTOS,  DAVILA,  TAYLOR,  COOK, VANEL, FAHY,
   TAPIA, CUNNINGHAM, GLICK, LUCAS,  CHANDLER-WATERMAN,  DINOWITZ,  OTIS,
   ARDILA,  BORES,  O'DONNELL,  RAGA, SHRESTHA, SHIMSKY, SIMONE, ALVAREZ,
   LEVENBERG, FORREST, ZACCARO, McDONALD, LEE, SOLAGES, STIRPE --  Multi-
   Sponsored  by  --  M.  of  A.  RAMOS  -- read once and referred to the
   Committee on Codes --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the criminal procedure law, the executive law and the
   correction  law,  in  relation  to  automatic   sealing   of   certain
   convictions
 
   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 160.57 to read as follows:
 § 160.57 AUTOMATIC SEALING OF CONVICTIONS.
   1.  CONVICTIONS  FOR CERTAIN TRAFFIC INFRACTIONS AND VIOLATIONS OR ANY
 CRIME DEFINED IN THE LAWS OF THIS STATE SHALL BE  SEALED  IN  ACCORDANCE
 WITH PARAGRAPH (C) OF THIS SUBDIVISION AS FOLLOWS:
   (A)  CONVICTIONS FOR SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-
 TWO OF THE VEHICLE AND TRAFFIC LAW SHALL BE SEALED AFTER THREE YEARS.
   (B) CRIMINAL CONVICTIONS FOR MISDEMEANORS AND FELONIES SHALL BE SEALED
 UPON SATISFACTION OF THE FOLLOWING CONDITIONS:
   (I) AT LEAST THREE YEARS HAVE PASSED FROM THE IMPOSITION  OF  SENTENCE
 ON  THE DEFENDANT'S MOST RECENT MISDEMEANOR CONVICTION IN THIS STATE AND
 AT LEAST SEVEN YEARS HAVE PASSED SINCE THE IMPOSITION OF SENTENCE ON THE
 DEFENDANT'S MOST RECENT FELONY CONVICTION IN THIS STATE; IN  CALCULATING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01987-04-3
              

 A. 1029--A                          2
 
 THE TIME PERIODS UNDER THIS SECTION, ANY PERIOD OF TIME DURING WHICH THE
 DEFENDANT  WAS  INCARCERATED  ON A DETERMINATE OR INDETERMINATE SENTENCE
 FOR A PERIOD OF AT LEAST ONE YEAR SHALL BE EXCLUDED AND SUCH TIME PERIOD
 SHALL BE EXTENDED BY A PERIOD EQUAL TO THE TIME SERVED UNDER SUCH INCAR-
 CERATION  WITH SUCH PERIOD BEING CALCULATED FROM THE ORIGINAL SENTENCING
 DATE, NOTWITHSTANDING ANY MODIFICATION OR VACATUR OF THE ORIGINAL  JUDG-
 MENT,  CONVICTION,  OR  SENTENCE  AND  THE  ENTRY  OF  THE NEW JUDGMENT,
 CONVICTION, OR SENTENCE;
   (II) THE DEFENDANT DOES NOT HAVE A SUBSEQUENT CRIMINAL CHARGE  PENDING
 IN THIS STATE;
   (III)  THE  DEFENDANT  IS  NOT  CURRENTLY UNDER THE SUPERVISION OF ANY
 PROBATION OR PAROLE DEPARTMENT FOR THE ELIGIBLE CONVICTION;
   (IV) THE CONVICTION IS NOT  DEFINED  AS  A  SEX  OFFENSE  OR  SEXUALLY
 VIOLENT   OFFENSE   UNDER  SECTION  ONE  HUNDRED  SIXTY-EIGHT-A  OF  THE
 CORRECTION LAW; AND
   (V) THE DEFENDANT IS A NATURAL PERSON.
   (C) WHERE A CONVICTION  IS  ELIGIBLE  FOR  SEALING  PURSUANT  TO  THIS
 SECTION  BEFORE,  ON,  OR  AFTER THE EFFECTIVE DATE OF THIS SECTION, THE
 DIVISION OF CRIMINAL  JUSTICE  SERVICES  SHALL  IMMEDIATELY  NOTIFY  THE
 OFFICE  OF  COURT ADMINISTRATION, THE COURT OF CONVICTION, AND THE HEADS
 OF ALL APPROPRIATE POLICE AND SHERIFF DEPARTMENTS, PROSECUTOR'S OFFICES,
 AND LAW ENFORCEMENT AGENCIES THAT THE CONVICTION IS SEALED.
   (D) RECORDS OF CONVICTIONS SEALED PURSUANT TO THIS  SECTION  INCLUDING
 PHOTOGRAPHS,  PHOTOGRAPHIC PLATES OR PROOFS, PALMPRINTS, FINGERPRINTS OR
 RETINA SCANS SHALL NOT BE ACCESSED BY OR MADE AVAILABLE TO ANY PERSON OR
 PUBLIC OR PRIVATE AGENCY, OR USED BY ANY ENTITY COVERED  BY  SUBDIVISION
 THREE OF THIS SECTION EXCEPT FOR:
   (I) THE DEFENDANT AND SUCH DEFENDANT'S COUNSEL;
   (II)  ANY  COURT,  DEFENSE COUNSEL OR PROSECUTOR FOR THE PURPOSES OF A
 PENDING CRIMINAL PROCEEDING OR PROCEEDINGS BROUGHT IN A  CRIMINAL  COURT
 PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW;
   (III)  QUALIFIED  AGENCIES,  AS DEFINED IN SUBDIVISION NINE OF SECTION
 EIGHT HUNDRED THIRTY-FIVE OF THE EXECUTIVE LAW, FEDERAL  AND  STATE  LAW
 ENFORCEMENT  AGENCIES,  AND  INTERSTATE AND INTERNATIONAL AUTHORITIES AS
 DEFINED IN SUBDIVISION THREE OF SECTION TWO OF  THE  PUBLIC  AUTHORITIES
 LAW, WHEN ACTING WITHIN THE SCOPE OF THEIR LAW ENFORCEMENT DUTIES;
   (IV)  THE  COURT,  PROSECUTOR,  AND  DEFENSE  COUNSEL IF THE DEFENDANT
 BECOMES A WITNESS IN A CRIMINAL PROCEEDING, OR THE CLAIMANT AND RESPOND-
 ENT IF THE DEFENDANT BECOMES A WITNESS IN A CIVIL PROCEEDING;
   (V) WHEN AN INDIVIDUAL IS A DEFENDANT  IN  A  CRIMINAL  PROCEEDING  OR
 PROCEEDINGS BROUGHT IN A CRIMINAL COURT PURSUANT TO ARTICLE SIX-C OF THE
 CORRECTION LAW AND THE SEALED RECORDS OF CONVICTION OF A THIRD PARTY ARE
 INTEGRAL  TO  THEIR DEFENSE. IN SUCH INSTANCES, USE OF SEALED RECORDS OF
 CONVICTION SHALL BE REQUESTED UPON  EX  PARTE  MOTION  IN  ANY  SUPERIOR
 COURT, OR IN ANY DISTRICT COURT, CITY COURT OR THE CRIMINAL COURT OF THE
 CITY  OF  NEW YORK PROVIDED THAT SUCH COURT IS WHERE THE ACTION IS PEND-
 ING. THE APPLICANT MUST DEMONSTRATE TO THE  SATISFACTION  OF  THE  COURT
 THAT THE RECORDS WILL BE USED FOR THE PURPOSE OF THIS SUBPARAGRAPH;
   (VI) ENTITIES THAT ARE REQUIRED BY STATE OR FEDERAL LAW TO REQUEST AND
 RECEIVE  A  FINGERPRINT-BASED  CHECK  OF  CRIMINAL  HISTORY INFORMATION,
 INCLUDING THE STATE EDUCATION  DEPARTMENT  OFFICE  OF  SCHOOL  PERSONNEL
 REVIEW  AND  ACCOUNTABILITY  FOR THE PURPOSES OF SECTIONS THREE THOUSAND
 FOUR-B, THREE THOUSAND ONE-D, AND  THREE  THOUSAND  THIRTY-FIVE  OF  THE
 EDUCATION  LAW,  PROVIDED, HOWEVER, THAT A PERSON WHOSE CRIMINAL HISTORY
 INFORMATION IS RETRIEVED PURSUANT TO THIS PARAGRAPH SHALL  BE  FURNISHED
 WITH  A  COPY OF SUCH INFORMATION, TOGETHER WITH A COPY OF ARTICLE TWEN-
 A. 1029--A                          3
 
 TY-THREE-A OF THE CORRECTION LAW, AND INFORMED OF HIS OR  HER  RIGHT  TO
 SEEK  CORRECTION OF ANY INCORRECT INFORMATION CONTAINED IN SUCH CRIMINAL
 HISTORY INFORMATION PURSUANT TO REGULATIONS AND  PROCEDURES  ESTABLISHED
 BY  THE  DIVISION  OF  CRIMINAL JUSTICE SERVICES. PROVIDED FURTHER, THAT
 NOTHING HEREIN SHALL PROHIBIT  THE  COMMISSIONER  OF  EDUCATION  OR  THE
 OFFICE  OF  SCHOOL PERSONNEL REVIEW AND ACCOUNTABILITY FROM RECEIVING OR
 USING CONVICTIONS SEALED PURSUANT TO THIS SECTION FOR PURPOSES OF SUBDI-
 VISIONS SEVEN, SEVEN-A AND SEVEN-B OF SECTION THREE HUNDRED FIVE OF  THE
 EDUCATION LAW;
   (VII)  PURSUANT  TO  APPLICABLE REGULATIONS PROMULGATED BY THE COMMIS-
 SIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES, SPECIFIED  ENTITIES
 THAT  ARE  AUTHORIZED  BY  STATE OR FEDERAL LAW TO REQUEST AND RECEIVE A
 FINGERPRINT-BASED CHECK OF CRIMINAL HISTORY INFORMATION IN  RELATION  TO
 THE PROVISION OF CARE OR SERVICES TO CHILDREN, AS DEFINED IN SUBDIVISION
 ONE OF SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW, AND
 VULNERABLE  PERSONS,  AS  DEFINED IN SUBDIVISION FIFTEEN OF SECTION FOUR
 HUNDRED EIGHTY-EIGHT OF THE SOCIAL SERVICES LAW, PROVIDED, HOWEVER, THAT
 A PERSON WHOSE CRIMINAL HISTORY INFORMATION  IS  RETRIEVED  PURSUANT  TO
 THIS  PARAGRAPH  SHALL  BE PROVIDED WITH A COPY OF SUCH CRIMINAL HISTORY
 INFORMATION, TOGETHER WITH A  COPY  OF  ARTICLE  TWENTY-THREE-A  OF  THE
 CORRECTION  LAW,  AND INFORMED OF HIS OR HER RIGHT TO SEEK CORRECTION OF
 ANY INCORRECT INFORMATION CONTAINED IN SUCH CRIMINAL HISTORY INFORMATION
 PURSUANT TO REGULATIONS AND PROCEDURES ESTABLISHED BY  THE  DIVISION  OF
 CRIMINAL JUSTICE SERVICES;
   (VIII)  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 OFFICER, PROVIDED, HOWEVER, THAT EVERY PERSON WHO
 IS AN APPLICANT SHALL BE FURNISHED WITH A COPY OF ALL  RECORDS  OBTAINED
 UNDER  THIS PARAGRAPH AND AFFORDED AN OPPORTUNITY TO MAKE AN EXPLANATION
 THERETO;
   (IX) ANY FEDERAL, STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY
 FOR THE ISSUANCE OF LICENSES TO POSSESS A FIREARM, RIFLE OR  SHOTGUN  OR
 WITH  RESPONSIBILITY FOR CONDUCTING BACKGROUND CHECKS BEFORE TRANSFER OR
 SALE OF A FIREARM OR EXPLOSIVE, WHEN THE OFFICER  OR  AGENCY  IS  ACTING
 PURSUANT  TO  SUCH  RESPONSIBILITY.  THIS  INCLUDES THE CRIMINAL JUSTICE
 INFORMATION SERVICES DIVISION OF THE FEDERAL  BUREAU  OF  INVESTIGATION,
 FOR  THE PURPOSES OF RESPONDING TO QUERIES TO THE NATIONAL INSTANT BACK-
 GROUND CHECK SYSTEM REGARDING ATTEMPTS TO  PURCHASE  OR  OTHERWISE  TAKE
 POSSESSION  OF  FIREARMS,  RIFLES OR SHOTGUNS, AS DEFINED IN 18 U.S.C. §
 921 (A)(3);
   (X) FOR THE PURPOSES OF CIVILIAN  INVESTIGATION  OR  EVALUATION  OF  A
 CIVILIAN  COMPLAINT OR CIVIL ACTION CONCERNING LAW ENFORCEMENT OR PROSE-
 CUTION ACTIONS, UPON EX PARTE MOTION IN ANY SUPERIOR COURT,  OR  IN  ANY
 DISTRICT COURT, CITY COURT OR THE CRIMINAL COURT OF THE CITY OF NEW YORK
 PROVIDED  THAT  SUCH  COURT SEALED THE RECORD; THE APPLICANT MUST DEMON-
 STRATE TO THE SATISFACTION OF THE COURT THAT THE RECORDS  WILL  BE  USED
 FOR THE PURPOSES OF THIS SUBPARAGRAPH;
   (XI)  FOR  INFORMATION PROVIDED TO AN INDIVIDUAL OR ENTITY PURSUANT TO
 PARAGRAPH (E) OF SUBDIVISION FOUR OF SECTION EIGHT HUNDRED  THIRTY-SEVEN
 OF  THE  EXECUTIVE  LAW  OR FOR BONA FIDE RESEARCH PURPOSES PROVIDED ALL
 IDENTIFYING INFORMATION IS REMOVED;
   (XII) WHEN AN INDIVIDUAL SEEKS TO AVAIL THEMSELVES OF A PUBLIC PROGRAM
 OR BENEFIT, INCLUDING BUT NOT LIMITED TO  AN  IMMIGRATION  BENEFIT,  FOR
 WHICH  THE SEALED RECORDS OF CONVICTION OF A THIRD PARTY ARE INTEGRAL TO
 THEIR APPLICATION FOR SUCH PROGRAM OR BENEFIT. IN  SUCH  INSTANCES,  THE
 A. 1029--A                          4
 
 INDIVIDUAL  OR  THEIR  ATTORNEY  SHALL REQUEST THE USE OF SEALED RECORDS
 PURSUANT TO A FORM AS PRESCRIBED IN SUBDIVISION TWENTY-THREE OF  SECTION
 EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW;
   (XIII)  FOR  THE PURPOSE OF COLLECTION OF RESTITUTION ORDERED PURSUANT
 TO SECTION 60.27 OF THE PENAL LAW. IN  SUCH  INSTANCES,  USE  OF  SEALED
 RECORDS  SHALL  BE REQUESTED UPON EX PARTE MOTION IN ANY SUPERIOR COURT,
 OR IN ANY DISTRICT COURT, CITY COURT OR CRIMINAL COURT OF  THE  CITY  OF
 NEW  YORK  PROVIDED  THAT SUCH COURT IS WHERE THE ACTION IS PENDING. THE
 APPLICANT MUST DEMONSTRATE TO THE SATISFACTION OF  THE  COURT  THAT  THE
 RECORDS WILL BE USED FOR THE PURPOSE OF THIS SUBPARAGRAPH;
   (XIV) TRANSPORTATION NETWORK COMPANIES THAT ARE REQUIRED OR AUTHORIZED
 BY STATE LAW TO REQUEST CRIMINAL HISTORY INFORMATION PURSUANT TO SECTION
 SIXTEEN HUNDRED NINETY-NINE OF THE VEHICLE AND TRAFFIC LAW; AND
   (XV) THE STATE EDUCATION DEPARTMENT FOR THE PURPOSES OF:
   (1)  INVESTIGATING  PROFESSIONAL MISCONDUCT AS DEFINED IN SUBPARAGRAPH
 (I) OF PARAGRAPH (A) OF SUBDIVISION FIVE OF SECTION  SIXTY-FIVE  HUNDRED
 NINE  OF  THE  EDUCATION  LAW, CONSIDERATION OF RESTORATION OF A PROFES-
 SIONAL LICENSE PURSUANT TO SECTION  SIXTY-FIVE  HUNDRED  ELEVEN  OF  THE
 EDUCATION  LAW,  OR  DETERMINATIONS  FOR ISSUING A LICENSE TO PRACTICE A
 PROFESSION OR ISSUING CERTIFICATES AND PRIVILEGES FOR WHICH PRIOR LICEN-
 SURE IS REQUIRED, FOR THE PROFESSIONS OF MEDICINE, PHYSICIAN  ASSISTANT,
 SPECIALIST  ASSISTANT,  CHIROPRACTIC,  DENTISTRY, DENTAL HYGIENE, REGIS-
 TERED DENTAL ASSISTING, PERFUSION, VETERINARY MEDICINE, VETERINARY TECH-
 NOLOGY, PHYSICAL THERAPY, PHYSICAL THERAPIST ASSISTANT, PHARMACY, REGIS-
 TERED PHARMACY TECHNICIAN, NURSING AS A REGISTERED  PROFESSIONAL  NURSE,
 LICENSED   PRACTICAL  NURSE,  NURSE  PRACTITIONER,  AND  CLINICAL  NURSE
 SPECIALIST, MIDWIFERY, PODIATRY, OPTOMETRY, OPHTHALMIC DISPENSING, ENGI-
 NEERING, ARCHITECTURE, PUBLIC ACCOUNTANCY AS  A  PUBLIC  ACCOUNTANT  AND
 CERTIFIED  PUBLIC  ACCOUNTANT,  PSYCHOLOGY, LICENSED MASTER SOCIAL WORK,
 LICENSED CLINICAL SOCIAL WORK, MASSAGE  THERAPY,  OCCUPATIONAL  THERAPY,
 OCCUPATIONAL THERAPY ASSISTANT, DIETETICS AND NUTRITION, SPEECH-LANGUAGE
 PATHOLOGY,  AUDIOLOGY,  ACUPUNCTURE,  ATHLETIC  TRAINING,  MENTAL HEALTH
 COUNSELING, MARRIAGE AND FAMILY THERAPY, CREATIVE ARTS THERAPY,  PSYCHO-
 ANALYSIS,  RESPIRATORY THERAPY, RESPIRATORY THERAPY TECHNICIAN, POLYSOM-
 NOGRAPHIC TECHNOLOGY, APPLIED BEHAVIOR ANALYSIS AS A  LICENSED  BEHAVIOR
 ANALYST AND CERTIFIED BEHAVIOR ANALYST ASSISTANT AS SUCH PROFESSIONS ARE
 DEFINED  IN  TITLE  EIGHT OF THE  EDUCATION LAW, PROVIDED THAT THE STATE
 EDUCATION DEPARTMENT CERTIFIES  TO  THE  DIVISION  OF  CRIMINAL  JUSTICE
 SERVICES  THAT  IT IS INVESTIGATING AN INDIVIDUAL LICENSED TO PRACTICE A
 PROFESSION PURSUANT TO ARTICLE ONE HUNDRED THIRTY OF THE  EDUCATION  LAW
 FOR  PROFESSIONAL  MISCONDUCT AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION
 FIVE OF SECTION SIXTY-FIVE HUNDRED NINE OF THE EDUCATION LAW,  CONSIDER-
 ING RESTORATION OF A PROFESSIONAL LICENSE PURSUANT TO SECTION SIXTY-FIVE
 HUNDRED ELEVEN OF THE EDUCATION LAW, OR MAKING A DETERMINATION FOR ISSU-
 ING A LICENSE TO PRACTICE A PROFESSION OR ISSUING CERTIFICATES AND PRIV-
 ILEGES  FOR WHICH PRIOR LICENSURE IS REQUIRED AS APPROPRIATE, AND THAT A
 PERSON WHOSE CRIMINAL HISTORY INFORMATION IS RETRIEVED PURSUANT TO  THIS
 PARAGRAPH  SHALL  BE FURNISHED WITH A COPY OF SUCH INFORMATION, TOGETHER
 WITH A COPY  OF  ARTICLE  TWENTY-THREE-A  OF  THE  CORRECTION  LAW,  AND
 INFORMED  OF HIS OR HER RIGHT TO SEEK CORRECTION OF ANY INCORRECT INFOR-
 MATION CONTAINED IN SUCH CRIMINAL HISTORY INFORMATION PURSUANT TO  REGU-
 LATIONS  AND  PROCEDURES ESTABLISHED BY THE DIVISION OF CRIMINAL JUSTICE
 SERVICES. PROVIDED, FURTHER, THAT THE BOARD OF REGENTS MAY CONSIDER  ANY
 PRIOR  CONVICTION  THAT FORMED THE BASIS OF A DETERMINATION OF THE BOARD
 OF REGENTS IN A DISCIPLINARY PROCEEDING PURSUANT TO  SECTION  SIXTY-FIVE
 HUNDRED  TEN  OF THE EDUCATION LAW AND THE RULES AND REGULATIONS PROMUL-
 A. 1029--A                          5
 
 GATED PURSUANT THERETO IN AN APPLICATION FOR  RECONSIDERATION,  EVEN  IF
 SUCH  CONVICTION  LATER  BECOMES  AUTOMATICALLY  SEALED PURSUANT TO THIS
 SECTION.
   (E)  WHERE THE SEALING REQUIRED BY THIS PARAGRAPH HAS NOT TAKEN PLACE,
 OR WHERE SUPPORTING  COURT  RECORDS  CANNOT  BE  LOCATED  OR  HAVE  BEEN
 DESTROYED,  AND  A  DEFENDANT  OR THEIR ATTORNEY SUBMITS NOTIFICATION OF
 SUCH FACT TO THE DIVISION OF CRIMINAL JUSTICE SERVICES, AS PRESCRIBED IN
 SUBDIVISION TWENTY-THREE OF SECTION EIGHT HUNDRED  THIRTY-SEVEN  OF  THE
 EXECUTIVE  LAW,  WITHIN  THIRTY DAYS OF SUCH NOTICE TO THE DIVISION, THE
 CONVICTION SHALL BE SEALED AS SET FORTH IN THIS SUBDIVISION.
   2. WHERE A CONVICTION IS ELIGIBLE FOR SEALING PURSUANT TO THIS SECTION
 BEFORE, ON, OR AFTER THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSION-
 ER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL IMMEDIATELY NOTIFY
 THE OFFICE OF COURT ADMINISTRATION, THE  COURT  OF  CONVICTION  AND  THE
 HEADS  OF  ALL  APPROPRIATE POLICE AND SHERIFF DEPARTMENTS, PROSECUTORS'
 OFFICES AND LAW ENFORCEMENT AGENCIES THAT THE CONVICTION IS SEALED. UPON
 RECEIPT OF SUCH NOTIFICATION, RECORDS OF OR RELATING TO SUCH  CONVICTION
 SHALL BE IMMEDIATELY SEALED PURSUANT TO THIS SECTION.
   (A)  ANY SUCH ENTITY THAT POSSESSES INFORMATION, RECORDS, DOCUMENTS OR
 PAPERS RELATED TO THE ELIGIBLE CONVICTION SHALL SEAL THEM AS FOLLOWS:
   (I) EVERY PHOTOGRAPH OF SUCH  DEFENDANT  AND  PHOTOGRAPHIC  PLATES  OR
 PROOF,  AND  ALL PALMPRINTS, FINGERPRINTS AND RETINA SCANS TAKEN OR MADE
 OF SUCH INDIVIDUAL PURSUANT TO THE PROVISIONS OF THIS ARTICLE IN  REGARD
 TO  THE  ELIGIBLE  CONVICTION,  AND  ALL  DUPLICATES, REPRODUCTIONS, AND
 COPIES THEREOF, EXCEPT A DIGITAL FINGERPRINT THAT IS ON  FILE  WITH  THE
 DIVISION OF CRIMINAL JUSTICE SERVICES FOR A CONVICTION THAT HAS NOT BEEN
 SEALED  PURSUANT  TO THIS SECTION SHALL BE MARKED AS SEALED BY THE DIVI-
 SION  OF  CRIMINAL  JUSTICE  SERVICES  AND  BY  ANY  POLICE  DEPARTMENT,
 PROSECUTOR'S  OFFICE  OR  LAW  ENFORCEMENT AGENCY HAVING ANY SUCH PHOTO-
 GRAPH, PHOTOGRAPHIC PLATE OR PROOF, PALMPRINT,  FINGERPRINTS  OR  RETINA
 SCAN  IN ITS POSSESSION OR UNDER ITS CONTROL 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 SEALED.  WHERE FINGER-
 PRINTS  SUBJECT  TO THE PROVISIONS OF THIS SECTION HAVE BEEN RECEIVED BY
 THE DIVISION OF CRIMINAL JUSTICE SERVICES AND HAVE  BEEN  FILED  BY  THE
 DIVISION  AS  DIGITAL  IMAGES, SUCH IMAGES MAY REMAIN UNSEALED, PROVIDED
 THAT A FINGERPRINT CARD OF THE INDIVIDUAL IS ON FILE WITH  THE  DIVISION
 WHICH WAS NOT SEALED PURSUANT TO THIS SECTION.
   (II)  EVERY OFFICIAL RECORD AND PAPER AND DUPLICATES AND COPIES THERE-
 OF, INCLUDING, BUT NOT LIMITED TO, JUDGMENTS AND ORDERS OF A  COURT  BUT
 NOT  INCLUDING  PUBLISHED  COURT  DECISIONS  OR  OPINIONS OR RECORDS AND
 BRIEFS ON APPEAL, RELATING TO THE CONVICTION, ON FILE  WITH  THE  AGENCY
 SHALL BE MARKED AS SEALED 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 SEALED.
   (B) THIRD-PARTY AGENCIES SHALL SEAL INFORMATION AND ALL RECORDS, DOCU-
 MENTS AND PAPERS RELATING TO THE ELIGIBLE CONVICTION AS FOLLOWS:
   (I) 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 JURISDICTION OUTSIDE OF THIS STATE COPIES OF ANY SUCH
 PHOTOGRAPHS, PHOTOGRAPHIC PLATES OR PROOFS, PALMPRINTS, FINGERPRINTS  OR
 RETINA  SCANS,  SHALL  FORTHWITH  FORMALLY INFORM SUCH AGENCY IN WRITING
 THAT THE MATTER HAS BEEN SEALED AND REQUEST IN  WRITING  THAT  ALL  SUCH
 COPIES  BE  MARKED  AS SEALED BY CONSPICUOUSLY INDICATING ON THE FACE OF
 A. 1029--A                          6
 
 THE RECORD OR AT THE BEGINNING OF THE DIGITIZED FILE OF THE RECORD  THAT
 THE RECORD HAS BEEN DESIGNATED AS SEALED.
   (II)  EVERY OFFICIAL RECORD AND PAPER AND DUPLICATES AND COPIES THERE-
 OF, INCLUDING, BUT NOT LIMITED TO, JUDGMENTS AND ORDERS OF A  COURT  BUT
 NOT  INCLUDING  PUBLISHED  COURT  DECISIONS  OR  OPINIONS OR RECORDS AND
 BRIEFS ON APPEAL, RELATING TO THE CONVICTION, ON FILE  WITH  THE  AGENCY
 SHALL BE MARKED AS SEALED 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 SEALED.
   3. (A) NOTHING IN THIS SECTION REQUIRES THE SEALING OR DESTRUCTION  OF
 DNA  INFORMATION  MAINTAINED  IN THE NEW YORK STATE DNA DATABASE OF SUCH
 INDIVIDUAL PURSUANT TO THE PROVISIONS OF THE EXECUTIVE LAW IN REGARD  TO
 THE ELIGIBLE CONVICTION.
   (B)  NOTHING  IN  THIS  SECTION REQUIRES THE SEALING OR DESTRUCTION OF
 RECORDS MAINTAINED BY THE DEPARTMENT OF MOTOR VEHICLES, AND  NOTHING  IN
 THIS  SECTION  SHALL  BE CONSTRUED TO CONTRAVENE THE VEHICLE AND TRAFFIC
 LAW, THE FEDERAL DRIVER'S PRIVACY PROTECTION  ACT  (18  U.S.C  2721  ET.
 SEQ.),  THE  REAL  ID  ACT  OF  2005 (PUBLIC LAW 109-13; 49 U.S.C. 30301
 NOTE), SECTION 7209 OF THE INTELLIGENCE REFORM AND TERRORISM  PREVENTION
 ACT  OF  1986  (49 U.S.C. 31311), OR REGULATIONS PROMULGATED PURSUANT TO
 ANY SUCH CHAPTER OR ACT.
   (C) THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  IS  AUTHORIZED  TO
 DISCLOSE  A  CONVICTION THAT IS SEALED PURSUANT TO THIS SECTION TO ENTI-
 TIES THAT ARE REQUIRED BY FEDERAL  LAW,  OR  BY  RULES  AND  REGULATIONS
 PROMULGATED BY A SELF-REGULATORY ORGANIZATION CREATED UNDER FEDERAL LAW,
 TO  CONSIDER SEALED CONVICTIONS. SUCH ENTITIES MUST CERTIFY TO THE DIVI-
 SION THAT THEY ARE REQUIRED BY FEDERAL LAW, OR BY RULES AND  REGULATIONS
 PROMULGATED  BY  A  SELF-REGULATORY  ORGANIZATION  THAT HAS BEEN CREATED
 UNDER FEDERAL LAW, TO MAKE AN INQUIRY ABOUT OR CONSIDER  RECORDS  SEALED
 PURSUANT  TO  THIS  SECTION  FOR  PURPOSES  OF EMPLOYMENT, LICENSING, OR
 CLEARANCE. TO THE EXTENT PERMITTED  BY  FEDERAL  LAW,  A  RECORD  SEALED
 PURSUANT  TO  THIS SECTION MAY NOT BE CONSIDERED A CONVICTION THAT WOULD
 PROHIBIT THE EMPLOYMENT, LICENSING OR CLEARANCE OF THE DEFENDANT.
   (D) NOTHING IN THIS SECTION SHALL PROHIBIT ENTITIES REQUIRED BY FEDER-
 AL LAW, OR BY RULES AND REGULATIONS  PROMULGATED  BY  A  SELF-REGULATORY
 ORGANIZATION  THAT  HAS  BEEN  CREATED UNDER FEDERAL LAW, FROM MAKING AN
 INQUIRY  ABOUT  OR  CONSIDERING  AN  APPLICANT'S  CRIMINAL  HISTORY  FOR
 PURPOSES  OF  EMPLOYMENT,  LICENSING,  OR  CLEARANCE FROM INQUIRING INTO
 CONVICTIONS SEALED PURSUANT TO THIS SECTION.
   (E) IN ANY CIVIL ACTION, AN OFFICIAL RECORD OF A CONVICTION  THAT  HAS
 BEEN  SEALED  PURSUANT TO THIS SECTION MAY NOT BE INTRODUCED AS EVIDENCE
 OF NEGLIGENCE AGAINST A  PERSON  OR  ENTITY  THAT  PROVIDED  EMPLOYMENT,
 CONTRACT  LABOR  OR SERVICES, VOLUNTEER WORK, LICENSING, TENANCY, A HOME
 PURCHASE, A MORTGAGE, AN EDUCATION, A LOAN, OR INSURANCE IF SUCH  RECORD
 WAS  SEALED AND WAS NOT PROVIDED TO THE PERSON OR ENTITY BY OR ON BEHALF
 OF A GOVERNMENTAL ENTITY IN ACCORDANCE WITH THIS SECTION IN RESPONSE  TO
 SUCH  PERSON'S  OR ENTITY'S AUTHORIZED AND TIMELY REQUEST FOR CONVICTION
 HISTORY INFORMATION.
   (F) A PERSON OR ENTITY DESCRIBED IN THIS SUBDIVISION,  ACTING  REASON-
 ABLY AND IN GOOD FAITH, MAY NOT HAVE A DUTY TO INVESTIGATE THE FACT OF A
 PRIOR CONVICTION THAT HAS BEEN SEALED PURSUANT TO THIS SECTION.
   4.  NO  DEFENDANT  SHALL BE REQUIRED OR PERMITTED TO WAIVE ELIGIBILITY
 FOR SEALING PURSUANT TO THIS SECTION  AS  PART  OF  A  PLEA  OF  GUILTY,
 SENTENCE OR ANY AGREEMENT RELATED TO A CONVICTION FOR A VIOLATION OF THE
 LAWS OF THIS STATE.  ANY SUCH WAIVER IS VOID AND UNENFORCEABLE.
 A. 1029--A                          7
 
   5.  SEALING AS SET FORTH IN SUBDIVISION TWO OF THIS SECTION IS WITHOUT
 PREJUDICE TO A DEFENDANT OR THEIR ATTORNEY SEEKING FURTHER RELIEF PURSU-
 ANT TO ARTICLE FOUR HUNDRED FORTY OF THIS  CHAPTER.    NOTHING  IN  THIS
 SECTION  IS INTENDED OR SHALL BE INTERPRETED TO DIMINISH OR ABROGATE ANY
 RIGHTS OR REMEDIES OTHERWISE AVAILABLE TO THE DEFENDANT.
   6.  ALL RECORDS FOR A CONVICTION SUBJECT TO SEALING UNDER THIS SECTION
 WHERE THE CONVICTION WAS ENTERED ON OR BEFORE THE EFFECTIVE DATE OF THIS
 SECTION SHALL RECEIVE THE APPROPRIATE RELIEF PROMPTLY AND, IN ANY EVENT,
 NO LATER THAN TWO YEARS AFTER SUCH EFFECTIVE DATE.
   7. A CONVICTION WHICH IS SEALED PURSUANT TO THIS SECTION  IS  INCLUDED
 WITHIN  THE  DEFINITION OF A CONVICTION FOR THE PURPOSES OF ANY CRIMINAL
 PROCEEDING IN WHICH THE FACT OF  A  PRIOR  CONVICTION  WOULD  ENHANCE  A
 PENALTY OR IS AN ELEMENT OF THE OFFENSE CHARGED.
   8.  ANY  DEFENDANT  CLAIMING  TO  BE  AGGRIEVED BY A VIOLATION OF THIS
 SECTION SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF APPROPRIATE  JURIS-
 DICTION FOR DAMAGES, INCLUDING PUNITIVE DAMAGES, AND SUCH OTHER REMEDIES
 AS  MAY  BE  APPROPRIATE.  THE  PROVISIONS OF THIS ARTICLE SHALL ALSO BE
 ENFORCEABLE BY THE DIVISION OF HUMAN RIGHTS PURSUANT TO THE  POWERS  AND
 PROCEDURES SET FORTH IN ARTICLE FIFTEEN OF THE EXECUTIVE LAW.
   §  2.    Section 845-d of the executive law is amended by adding a new
 subdivision 4 to read as follows:
   4. NOTHING IN THIS SECTION SHALL AUTHORIZE  THE  DIVISION  TO  PROVIDE
 CRIMINAL  HISTORY  INFORMATION THAT IS SEALED PURSUANT TO SECTION 160.57
 OF THE CRIMINAL PROCEDURE LAW TO ANY ENTITY OTHER THAN THOSE  EXPLICITLY
 AUTHORIZED BY THAT SECTION TO RECEIVE OR ACCESS SUCH INFORMATION.
   §  3.  Section 837 of the executive law is amended by adding three new
 subdivisions 24, 25 and 26 to read as follows:
   24. PROMULGATE A STANDARDIZED FORM FOR USE BY  INDIVIDUALS  TO  NOTIFY
 THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES OF CONVICTIONS SUBJECT TO
 SEALING UNDER SECTION 160.57 OF THE  CRIMINAL  PROCEDURE  LAW,  BUT  FOR
 WHICH  THE  DIVISION  HAS  NOT  TAKEN  THE  REQUISITE ACTION FOR RELATED
 RECORDS.
   25. PROMULGATE A CERTIFICATION PROCESS WHEREBY INDIVIDUALS SEEKING USE
 OF SEALED RECORDS PURSUANT TO SUBPARAGRAPH (XII)  OF  PARAGRAPH  (D)  OF
 SUBDIVISION  ONE  OF  SECTION  160.57  OF THE CRIMINAL PROCEDURE LAW MAY
 REQUEST AND ACCESS RECORDS.
   26. ADOPT, AMEND AND RESCIND SUCH REGULATIONS AS MAY BE  NECESSARY  TO
 EFFECTUATE  THE  PROVISIONS  OF  SUBPARAGRAPH  (VII) OF PARAGRAPH (D) OF
 SUBDIVISION ONE OF SECTION 160.57  OF  THE  CRIMINAL  PROCEDURE  LAW  TO
 DETERMINE  ENTITIES AUTHORIZED TO RECEIVE SEALED RECORDS FOR PURPOSES OF
 OCCUPATIONS THAT INVOLVE REGULAR AND SUBSTANTIAL UNSUPERVISED  OR  UNRE-
 STRICTED PHYSICAL CONTACT WITH CHILDREN AS DEFINED IN SUBDIVISION ONE OF
 SECTION  THREE  HUNDRED  SEVENTY-ONE  OF  THE  SOCIAL  SERVICES LAW, AND
 VULNERABLE PERSONS, AS DEFINED IN SUBDIVISION FIFTEEN  OF  SECTION  FOUR
 HUNDRED EIGHTY-EIGHT OF THE SOCIAL SERVICES LAW.
   § 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
 A. 1029--A                          8
 
 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 (VI), (VII), OR (XV) OF PARAGRAPH (D) OF SUBDI-
 VISION  ONE  OF  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  informa-
 tion  pertaining to any arrest or criminal accusation of such individual
 not then pending against that individual which was followed by a  termi-
 nation  of  that criminal action or proceeding in favor of such individ-
 ual, as defined in subdivision two of section  160.50  of  the  criminal
 procedure  law, or by an order adjourning the criminal action in contem-
 plation 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 offen-
 der adjudication, as defined in subdivision one of section 720.35 of the
 criminal procedure law, or by a conviction for a violation sealed pursu-
 ant 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  (VI),  (VII),  OR  (XV)  OF
 PARAGRAPH  (D)  OF  SUBDIVISION  ONE  OF  SECTION 160.57 OF THE CRIMINAL
 PROCEDURE LAW. An individual required or requested to  provide  informa-
 tion  in  violation  of  this  subdivision may respond as if the arrest,
 criminal accusation, or disposition of such arrest or  criminal  accusa-
 tion  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 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 enforcement 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  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.  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 prose-
 cution.
 A. 1029--A                          9
 
   § 5. Section 9 of the correction law, as added by section 2 of part OO
 of chapter 56 of the laws of 2010, the section  heading  as  amended  by
 chapter 322 of the laws of 2021, is amended to read as follows:
   §  9. Access to information of incarcerated individuals via the inter-
 net. Notwithstanding any provision of law to the contrary, any  informa-
 tion  relating  to  the  conviction  of  a  person[, except for a person
 convicted of an offense that would make such person ineligible for merit
 time under section eight hundred three of this chapter or an offense for
 which registration as a sex offender is required as set forth in  subdi-
 vision  two  or three of section one hundred sixty-eight-a of this chap-
 ter,] that is posted on a website maintained by or for  the  department,
 under  article  six  of  the  public officers law, may be posted on such
 website for a period not to exceed [five] THREE years after the  expira-
 tion  of such person's sentence of imprisonment and AT THE CONCLUSION OF
 any period of parole or post-release  supervision[;  provided,  however,
 that in the case of a person who has been committed to the department on
 more  than  one occasion, the department may post conviction information
 relating to any prior commitment on such website for  a  period  not  to
 exceed  five  years  after  the  expiration of such person's sentence of
 imprisonment and any period of parole or post-release supervision  aris-
 ing from the most recent commitment to the department].
   §  6.  Severability.  If  any provision of this act or the application
 thereof to any person, corporation or  circumstances  is  held  invalid,
 such invalidity shall not affect other provisions or applications of the
 act  which can be given effect without the invalid provision or applica-
 tion, and to this end the provisions of this  act  are  declared  to  be
 severable.
   § 7. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1029--C
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by  M.  of  A. CRUZ, PRETLOW, GONZALEZ-ROJAS, MEEKS, BURGOS,
   MAMDANI, WALKER, JACKSON, SEAWRIGHT, SIMON, DICKENS, HYNDMAN, EPSTEIN,
   ANDERSON, KELLES, BURDICK, GALLAGHER, CARROLL, SEPTIMO,  L. ROSENTHAL,
   ZINERMAN,  REYES,  HEVESI,  DARLING,  AUBRY, MITAYNES, WEPRIN, LAVINE,
   JOYNER, BICHOTTE HERMELYN, JEAN-PIERRE, KIM,  HUNTER,  CLARK,  RIVERA,
   BRONSON,  GIBBS,  DE LOS SANTOS,  DAVILA,  TAYLOR,  COOK, VANEL, FAHY,
   TAPIA, CUNNINGHAM, GLICK, LUCAS,  CHANDLER-WATERMAN,  DINOWITZ,  OTIS,
   ARDILA,  BORES,  O'DONNELL,  RAGA, SHRESTHA, SHIMSKY, SIMONE, ALVAREZ,
   LEVENBERG, FORREST, ZACCARO, McDONALD, LEE, SOLAGES, STIRPE,  LUPARDO,
   DILAN  --  Multi-Sponsored  by  --  M.  of  A.  RAMOS -- read once and
   referred to the Committee  on  Codes  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- again reported from said  committee  with  amendments,  ordered
   reprinted  as  amended  and  recommitted  to  said  committee -- again
   reported from said committee with  amendments,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to  amend  the  criminal  procedure law, the executive law, the
   correction law, the  judiciary  law  and  the  civil  rights  law,  in
   relation to automatic sealing of certain convictions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative  intent.  Almost  fifty  years  ago,  New  York
 enacted  anti-discrimination  protections  for  individuals with a prior
 criminal conviction. In his approval message, Governor Carey noted  that
 the  expense and time involved in prosecuting and incarcerating an indi-
 vidual is largely wasted "if upon the individual's return to society his
 willingness to assume a law abiding and productive role is frustrated by
 senseless discrimination" and further noted that  providing  a  formerly
 incarcerated  individual  "a  fair  opportunity for a job is a matter of
 basic human fairness as well as one of the surest ways to reduce crime."
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01987-06-3
 A. 1029--C                          2
              

 
   He also noted that the legislation in no way required  the  hiring  of
 someone  with  a criminal record but provided reasonable standards to be
 applied when considering the employment of such an individual, and  that
 merely  having a criminal record could not be the sole basis for denying
 employment.  While New York has made great strides in fighting discrimi-
 nation - on the basis of many attributes, experiences, and circumstances
 of New Yorkers - discrimination on the basis of past  convictions  still
 persists.
   Therefore,  it  is  the intent of the legislature to further curb this
 discrimination by sealing from public access the conviction  records  of
 individuals  for  certain state convictions only after an individual has
 satisfied their sentence and the required period  of  time  has  passed,
 within  which  the  individual  has remained a law abiding citizen while
 ensuring  that this otherwise sealed conviction information will  remain
 accessible   for  law  enforcement  and  other  relevant  and  necessary
 purposes.  These relevant and necessary purposes  include  but  are  not
 limited to determining suitability for licensing, employment and similar
 activities  where  federal or state law requires   a criminal background
 check be performed prior to granting licenses to or  employing  individ-
 uals  in  certain  jobs, such as employment with children, elderly popu-
 lations, or other vulnerable populations, as well as  where  federal  or
 state  law authorizes  a criminal background check to be performed prior
 to the same type of employment or similar activity.
   It is further the intent of  the  legislature  that  this  legislation
 shall not have any impact on, nor will it change the access to, informa-
 tion  regarding  out  of state or federal conviction information for law
 enforcement purposes or any other person or entity,  including  prospec-
 tive employers, accessing an individual's criminal history through crim-
 inal background checks or through publicly accessible records.
   §  2.  The  criminal  procedure law is amended by adding a new section
 160.57 to read as follows:
 § 160.57 AUTOMATIC SEALING OF CONVICTIONS.
   1. CONVICTIONS FOR CERTAIN TRAFFIC INFRACTIONS OR A CRIME  DEFINED  IN
 THE  LAWS  OF THIS STATE SHALL BE SEALED IN ACCORDANCE WITH THIS SECTION
 AS FOLLOWS:
   (A) CONVICTIONS FOR SUBDIVISION ONE OF SECTION ELEVEN HUNDRED  NINETY-
 TWO OF THE VEHICLE AND TRAFFIC LAW SHALL BE SEALED AFTER THREE YEARS.
   (B)  CRIMINAL  CONVICTIONS  SHALL  BE  SEALED UPON SATISFACTION OF THE
 FOLLOWING CONDITIONS:
   (I) FOR A MISDEMEANOR CONVICTION, AT LEAST  THREE  YEARS  HAVE  PASSED
 FROM  THE  DEFENDANT'S  RELEASE  FROM INCARCERATION OR THE IMPOSITION OF
 SENTENCE IF THERE WAS NO SENTENCE OF INCARCERATION.  IF THE DEFENDANT IS
 SUBSEQUENTLY CONVICTED OF A CRIME BEFORE A PRIOR  CONVICTION  IS  SEALED
 PURSUANT  TO  THIS  SECTION,  THE  CALCULATION  OF  TIME  FOR SUCH PRIOR
 CONVICTION SHALL START UPON THE SAME DATE AS THE TIME CALCULATION STARTS
 FOR THE SUBSEQUENT CRIMINAL CONVICTION;
   (II) FOR A FELONY CONVICTION, AT LEAST EIGHT YEARS  HAVE  PASSED  FROM
 THE  DATE  THE  DEFENDANT  WAS  LAST RELEASED FROM INCARCERATION FOR THE
 SENTENCE OF THE CONVICTION ELIGIBLE FOR SEALING OR FROM  THE  IMPOSITION
 OF  SENTENCE  IF  THERE  WAS NO SENTENCE OF INCARCERATION. A DEFENDANT'S
 DETENTION FOR AN ALLEGED VIOLATION OF PAROLE OR POST-RELEASE SUPERVISION
 SHALL NOT INTERFERE WITH THE TIME CALCULATION PRESCRIBED  HEREIN  UNLESS
 AND  UNTIL  SUPERVISION IS REVOKED RESULTING IN THE DEFENDANT'S REINCAR-
 CERATION.  IF THE DEFENDANT IS SUBSEQUENTLY CONVICTED OF A CRIME  BEFORE
 A  PRIOR  CONVICTION IS SEALED PURSUANT TO THIS SECTION, THE CALCULATION
 A. 1029--C                          3
 
 OF TIME FOR SUCH PRIOR CONVICTION SHALL START UPON THE SAME DATE AS  THE
 TIME CALCULATION STARTS FOR THE SUBSEQUENT CRIMINAL CONVICTION;
   (III) THE DEFENDANT DOES NOT HAVE A SUBSEQUENT CRIMINAL CHARGE PENDING
 IN THIS STATE;
   (IV)  THE  DEFENDANT  IS  NOT  CURRENTLY  UNDER THE SUPERVISION OF ANY
 PROBATION OR PAROLE DEPARTMENT FOR THE CONVICTION ELIGIBLE FOR SEALING;
   (V) THE CONVICTION IS NOT FOR AN OFFENSE DEFINED AS A SEX  OFFENSE  OR
 SEXUALLY  VIOLENT OFFENSE UNDER SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE
 CORRECTION LAW;
   (VI) THE CONVICTION IS NOT FOR A CLASS A FELONY OFFENSE DEFINED IN THE
 PENAL LAW, OTHER THAN CLASS A FELONY OFFENSES  DEFINED  IN  ARTICLE  TWO
 HUNDRED TWENTY OF THE PENAL LAW;
   (VII) THE DEFENDANT IS A NATURAL PERSON;
   (VIII)  THE DEFENDANT DOES NOT HAVE A SUBSEQUENT FELONY CHARGE PENDING
 IN ANOTHER JURISDICTION THAT IS NOT A FELONY CHARGE RELATED TO REPRODUC-
 TIVE OR GENDER AFFIRMING CARE OR THE POSSESSION OF CANNABIS WHICH  WOULD
 NOT  CONSTITUTE  A  FELONY IN NEW YORK. THIS SUBPARAGRAPH SHALL APPLY IF
 AND WHEN APPROPRIATE FEDERAL AUTHORITIES GRANT ACCESS TO RECORDS  NECES-
 SARY  TO  QUERY  TO  EFFECTUATE  THE PURPOSES OF THIS SUBPARAGRAPH IN AN
 AUTOMATED MANNER; AND
   (IX) THE DEFENDANT DOES NOT HAVE A  SUBSEQUENT  FELONY  CONVICTION  IN
 ANOTHER  JURISDICTION  IN THE PRECEDING EIGHT YEARS THAT IS NOT A FELONY
 CONVICTION RELATED TO REPRODUCTIVE  OR  GENDER  AFFIRMING  CARE  OR  THE
 POSSESSION  OF CANNABIS WHICH WOULD NOT CONSTITUTE A FELONY IN NEW YORK.
 THIS SUBPARAGRAPH SHALL APPLY IF AND WHEN APPROPRIATE  FEDERAL  AUTHORI-
 TIES  GRANT  ACCESS  TO  RECORDS  NECESSARY  TO  QUERY TO EFFECTUATE THE
 PURPOSES OF THIS SUBPARAGRAPH IN AN AUTOMATED MANNER.
   (C) IF, AFTER THE APPLICABLE PERIOD OF  TIME  FOR  THE  SEALING  OF  A
 CONVICTION  HAS  BEEN  SATISFIED,  THE CONVICTION REMAINS INELIGIBLE FOR
 SEALING PURSUANT TO SUBPARAGRAPHS (III), (IV), (VIII) OR (IX)  OF  PARA-
 GRAPH  (B) OF THIS SUBDIVISION, THE OFFICE OF COURT ADMINISTRATION SHALL
 SUBSEQUENTLY CHECK FOR ELIGIBILITY NO LESS  THAN  QUARTERLY  AND    UPON
 SUBSEQUENT CHECKS, OR THE RECEIPT OF A FORM IN ACCORDANCE WITH PARAGRAPH
 (DD)  OF  SUBDIVISION TWO OF SECTION TWO HUNDRED TWELVE OF THE JUDICIARY
 LAW, THE CONVICTION SHALL BE SEALED IF ALL OTHER CONDITIONS FOR  SEALING
 UNDER THIS SECTION ARE SATISFIED.
   (D)  IN  ACCORDANCE  WITH  ALL OTHER APPLICABLE LAWS, RULES, AND REGU-
 LATIONS REGARDING THE SCOPE, ACCESS,  USE,  DISCLOSURE,  CONFIDENTIALITY
 AND  RETENTION  OF  CRIMINAL HISTORY INFORMATION, RECORDS OF CONVICTIONS
 SEALED PURSUANT TO  THIS  SECTION  INCLUDING  PHOTOGRAPHS,  PHOTOGRAPHIC
 PLATES  OR PROOFS, PALMPRINTS, FINGERPRINTS OR RETINA SCANS SHALL NOT BE
 ACCESSED BY OR MADE AVAILABLE TO ANY PERSON OR PUBLIC OR PRIVATE AGENCY,
 EXCEPT FOR:
   (I) THE DEFENDANT AND SUCH DEFENDANT'S COUNSEL;
   (II) ANY COURT, DEFENSE COUNSEL OR PROSECUTOR FOR THE  PURPOSES  OF  A
 PENDING  CRIMINAL  PROCEEDING OR PROCEEDINGS BROUGHT IN A CRIMINAL COURT
 PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW;
   (III) QUALIFIED AGENCIES, AS DEFINED IN SUBDIVISION  NINE  OF  SECTION
 EIGHT  HUNDRED  THIRTY-FIVE  OF THE EXECUTIVE LAW, FEDERAL AND STATE LAW
 ENFORCEMENT AGENCIES, AND INTERSTATE AND  INTERNATIONAL  AUTHORITIES  AS
 DEFINED  IN  SUBDIVISION  THREE OF SECTION TWO OF THE PUBLIC AUTHORITIES
 LAW, WHEN ACTING WITHIN THE SCOPE OF THEIR LAW ENFORCEMENT DUTIES;
   (IV) THE COURT, PROSECUTOR,  AND  DEFENSE  COUNSEL  IF  THE  DEFENDANT
 BECOMES A WITNESS IN A CRIMINAL PROCEEDING;
   (V)  THE COURT AND PARTIES IF THE DEFENDANT BECOMES A WITNESS OR PARTY
 IN A CIVIL PROCEEDING;
 A. 1029--C                          4
 
   (VI) WHEN AN INDIVIDUAL IS A DEFENDANT IN  A  CRIMINAL  PROCEEDING  OR
 PROCEEDINGS BROUGHT IN A CRIMINAL COURT PURSUANT TO ARTICLE SIX-C OF THE
 CORRECTION LAW AND THE SEALED RECORDS OF CONVICTION OF A THIRD PARTY ARE
 INTEGRAL  TO  THEIR DEFENSE. IN SUCH INSTANCES, USE OF SEALED RECORDS OF
 CONVICTION  SHALL  BE  REQUESTED  UPON  EX  PARTE MOTION IN ANY SUPERIOR
 COURT, OR IN ANY DISTRICT COURT, CITY COURT OR THE CRIMINAL COURT OF THE
 CITY OF NEW YORK PROVIDED THAT SUCH COURT IS WHERE THE ACTION  IS  PEND-
 ING.  THE  APPLICANT  MUST  DEMONSTRATE TO THE SATISFACTION OF THE COURT
 THAT THE RECORDS WILL BE USED FOR THE PURPOSE OF THIS SUBPARAGRAPH;
   (VII) INDIVIDUALS OR ENTITIES THAT ARE REQUIRED  BY  A  LOCAL  LAW  IN
 EFFECT  ONE  YEAR PRIOR TO THE CHAPTER OF THE LAWS OF TWO THOUSAND TWEN-
 TY-THREE THAT ADDED THIS SECTION, A STATE LAW, OR A FEDERAL LAW OR REGU-
 LATION TO REQUEST AND RECEIVE  A  FINGERPRINT-BASED  CHECK  OF  CRIMINAL
 HISTORY  INFORMATION.  NOTHING HEREIN SHALL PROHIBIT THE COMMISSIONER OF
 EDUCATION OR THE OFFICE OF SCHOOL PERSONNEL  REVIEW  AND  ACCOUNTABILITY
 FROM  RECEIVING OR USING CONVICTIONS SEALED PURSUANT TO THIS SECTION FOR
 PURPOSES OF SUBDIVISIONS SEVEN, SEVEN-A AND  SEVEN-B  OF  SECTION  THREE
 HUNDRED FIVE OF THE EDUCATION LAW;
   (VIII)  INDIVIDUALS  OR ENTITIES THAT ARE AUTHORIZED BY A LOCAL LAW IN
 EFFECT ONE YEAR PRIOR TO THE CHAPTER OF THE LAWS OF TWO THOUSAND   TWEN-
 TY-THREE THAT ADDED THIS SECTION, A STATE LAW, OR A FEDERAL LAW OR REGU-
 LATION  TO  REQUEST  AND  RECEIVE  A FINGERPRINT-BASED CHECK OF CRIMINAL
 HISTORY INFORMATION IN RELATION TO  THE  INDIVIDUAL'S  FITNESS  TO  HAVE
 RESPONSIBILITY FOR THE SAFETY AND WELL-BEING OF CHILDREN OR ADOLESCENTS,
 ELDERLY INDIVIDUALS, INDIVIDUALS WITH DISABILITIES, OR OTHERWISE VULNER-
 ABLE POPULATIONS.  THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL MAIN-
 TAIN  AN  UP  TO DATE LIST OF CITATIONS OF THE LOCAL, STATE, AND FEDERAL
 STATUTES OR FEDERAL REGULATIONS AUTHORIZING THE ACCESS DESCRIBED HEREIN;
   (IX) 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 SHALL BE FURNISHED WITH A COPY OF ALL RECORDS
 OBTAINED  UNDER  THIS  PARAGRAPH  AND AFFORDED AN OPPORTUNITY TO MAKE AN
 EXPLANATION THERETO;
   (X) ANY FEDERAL, STATE OR LOCAL OFFICER OR AGENCY WITH  RESPONSIBILITY
 FOR  THE  ISSUANCE OF LICENSES TO POSSESS A FIREARM, RIFLE OR SHOTGUN OR
 WITH RESPONSIBILITY FOR CONDUCTING BACKGROUND CHECKS BEFORE TRANSFER  OR
 SALE  OF  A  FIREARM  OR EXPLOSIVE, WHEN THE OFFICER OR AGENCY IS ACTING
 PURSUANT TO SUCH RESPONSIBILITY.  THIS  INCLUDES  THE  CRIMINAL  JUSTICE
 INFORMATION  SERVICES  DIVISION  OF THE FEDERAL BUREAU OF INVESTIGATION,
 FOR THE PURPOSES OF RESPONDING TO QUERIES TO THE NATIONAL INSTANT  BACK-
 GROUND  CHECK  SYSTEM  REGARDING  ATTEMPTS TO PURCHASE OR OTHERWISE TAKE
 POSSESSION OF FIREARMS, RIFLES OR SHOTGUNS, AS DEFINED IN  18  U.S.C.  §
 921 (A)(3);
   (XI)  FOR  THE  PURPOSES  OF CIVILIAN INVESTIGATION OR EVALUATION OF A
 CIVILIAN COMPLAINT OR CIVIL ACTION CONCERNING LAW ENFORCEMENT OR  PROSE-
 CUTION  ACTIONS,  UPON  EX PARTE MOTION IN ANY SUPERIOR COURT, OR IN ANY
 DISTRICT COURT, CITY COURT OR THE CRIMINAL COURT OF THE CITY OF NEW YORK
 PROVIDED THAT SUCH COURT SEALED THE RECORD; THE  APPLICANT  MUST  DEMON-
 STRATE  TO  THE  SATISFACTION OF THE COURT THAT THE RECORDS WILL BE USED
 FOR THE PURPOSES OF THIS SUBPARAGRAPH;
   (XII) FOR INFORMATION PROVIDED TO AN INDIVIDUAL OR ENTITY PURSUANT  TO
 PARAGRAPH  (E) OF SUBDIVISION FOUR OF SECTION EIGHT HUNDRED THIRTY-SEVEN
 OF THE EXECUTIVE LAW OR FOR BONA FIDE  RESEARCH  PURPOSES  PROVIDED  ALL
 IDENTIFYING INFORMATION IS REMOVED;
 A. 1029--C                          5
 
   (XIII)  WHEN  AN  INDIVIDUAL  SEEKS  TO  AVAIL  THEMSELVES OF A PUBLIC
 PROGRAM OR BENEFIT, INCLUDING BUT NOT LIMITED TO AN IMMIGRATION BENEFIT,
 FOR WHICH THE SEALED RECORDS OF CONVICTION OF A THIRD PARTY  ARE  OTHER-
 WISE  AUTHORIZED  BY LAW OR LEGAL PROCESS TO BE DISCLOSED IN FURTHERANCE
 OF THEIR APPLICATION FOR SUCH PROGRAM OR BENEFIT. IN SUCH INSTANCES, THE
 INDIVIDUAL  OR  THEIR  ATTORNEY  SHALL REQUEST THE USE OF SEALED RECORDS
 PURSUANT TO A FORM AS PRESCRIBED  BY  THE  CHIEF  ADMINISTRATOR  OF  THE
 COURTS  PURSUANT  TO  PARAGRAPH  (EE)  OF SUBDIVISION TWO OF SECTION TWO
 HUNDRED TWELVE OF THE JUDICIARY LAW;
   (XIV) FOR THE PURPOSE OF COLLECTION OF RESTITUTION, REPARATION, FINES,
 SURCHARGES, OR FEES IMPOSED. IN SUCH INSTANCES, USE  OF  SEALED  RECORDS
 SHALL BE REQUESTED UPON EX PARTE MOTION IN ANY SUPERIOR COURT, OR IN ANY
 DISTRICT COURT, CITY COURT, TOWN COURT, VILLAGE COURT, OR CRIMINAL COURT
 OF  THE CITY OF NEW YORK PROVIDED THAT SUCH COURT IS WHERE THE ACTION IS
 PENDING. THE APPLICANT MUST DEMONSTRATE TO THE SATISFACTION OF THE COURT
 THAT THE RECORDS WILL BE USED FOR THE PURPOSE OF THIS SUBPARAGRAPH;
   (XV) TRANSPORTATION NETWORK COMPANIES THAT ARE REQUIRED OR  AUTHORIZED
 BY STATE LAW TO REQUEST CRIMINAL HISTORY INFORMATION PURSUANT TO SECTION
 SIXTEEN HUNDRED NINETY-NINE OF THE VEHICLE AND TRAFFIC LAW;
   (XVI) THE STATE EDUCATION DEPARTMENT FOR THE PURPOSES OF INVESTIGATING
 PROFESSIONAL  MISCONDUCT AS DEFINED IN SUBPARAGRAPH (I) OF PARAGRAPH (A)
 OF SUBDIVISION FIVE OF SECTION SIXTY-FIVE HUNDRED NINE OF THE  EDUCATION
 LAW,  CONSIDERATION OF RESTORATION OF A PROFESSIONAL LICENSE PURSUANT TO
 SECTION SIXTY-FIVE HUNDRED ELEVEN OF  THE  EDUCATION  LAW,  OR  DETERMI-
 NATIONS  FOR  ISSUING  A  LICENSE  TO  PRACTICE  A PROFESSION OR ISSUING
 CERTIFICATES AND PRIVILEGES FOR WHICH PRIOR LICENSURE IS  REQUIRED,  FOR
 THE PROFESSIONS UNDER ARTICLES ONE HUNDRED THIRTY-ONE, ONE HUNDRED THIR-
 TY-ONE-B,  ONE HUNDRED THIRTY-TWO, ONE HUNDRED THIRTY-THREE, ONE HUNDRED
 THIRTY-FOUR,  ONE  HUNDRED  THIRTY-FIVE,  ONE  HUNDRED  THIRTY-SIX,  ONE
 HUNDRED  THIRTY-SEVEN,  ONE  HUNDRED THIRTY-NINE, ONE HUNDRED FORTY, ONE
 HUNDRED FORTY-ONE, ONE HUNDRED FORTY-THREE, ONE HUNDRED FORTY-FOUR,  ONE
 HUNDRED FORTY-FIVE, ONE HUNDRED FORTY-SEVEN, ONE HUNDRED FORTY-NINE, ONE
 HUNDRED FIFTY-THREE, ONE HUNDRED FIFTY-FOUR, ONE HUNDRED FIFTY-FIVE, ONE
 HUNDRED  FIFTY-SIX, ONE HUNDRED FIFTY-SEVEN, ONE HUNDRED FIFTY-NINE, ONE
 HUNDRED SIXTY, ONE  HUNDRED  SIXTY-TWO,  ONE  HUNDRED  SIXTY-THREE,  ONE
 HUNDRED  SIXTY-FOUR, AND ONE HUNDRED SIXTY-SEVEN AS SUCH PROFESSIONS ARE
 DEFINED IN TITLE EIGHT OF THE EDUCATION LAW,  PROVIDED  THAT  THE  STATE
 EDUCATION  DEPARTMENT  CERTIFIES  TO  THE  DIVISION  OF CRIMINAL JUSTICE
 SERVICES THAT IT IS INVESTIGATING AN INDIVIDUAL LICENSED TO  PRACTICE  A
 PROFESSION  PURSUANT  TO ARTICLE ONE HUNDRED THIRTY OF THE EDUCATION LAW
 FOR PROFESSIONAL MISCONDUCT AS DEFINED IN PARAGRAPH (A)  OF  SUBDIVISION
 FIVE  OF SECTION SIXTY-FIVE HUNDRED NINE OF THE EDUCATION LAW, CONSIDER-
 ING RESTORATION OF A PROFESSIONAL LICENSE PURSUANT TO SECTION SIXTY-FIVE
 HUNDRED ELEVEN OF THE EDUCATION LAW, OR MAKING A DETERMINATION FOR ISSU-
 ING A LICENSE TO PRACTICE A PROFESSION OR ISSUING CERTIFICATES AND PRIV-
 ILEGES FOR WHICH PRIOR LICENSURE IS REQUIRED AS  APPROPRIATE.  PROVIDED,
 FURTHER,  THAT  THE  BOARD  OF REGENTS MAY CONSIDER ANY PRIOR CONVICTION
 THAT FORMED THE BASIS OF A DETERMINATION OF THE BOARD OF  REGENTS  IN  A
 DISCIPLINARY  PROCEEDING  PURSUANT  TO SECTION SIXTY-FIVE HUNDRED TEN OF
 THE EDUCATION LAW AND THE RULES  AND  REGULATIONS  PROMULGATED  PURSUANT
 THERETO  IN  AN APPLICATION FOR RECONSIDERATION, EVEN IF SUCH CONVICTION
 LATER BECOMES SEALED PURSUANT TO THIS SECTION; AND
   (XVII) THE OFFICE OF MENTAL HEALTH AND  THE  OFFICE  FOR  PEOPLE  WITH
 DEVELOPMENTAL  DISABILITIES, WHERE SUCH AGENCIES ARE STATUTORILY AUTHOR-
 IZED TO RECEIVE SUCH INFORMATION, PROVIDED FURTHER, THAT  SUCH  INFORMA-
 TION MAY ALSO  BE MADE AVAILABLE FOR CASE REVIEW  UNDER SECTION 10.05 OF
 A. 1029--C                          6
 
 THE MENTAL HYGIENE LAW, AS WELL AS TO PROVIDERS LICENSED, FUNDED, DESIG-
 NATED,  CERTIFIED OR OTHERWISE AUTHORIZED BY THE OFFICE OF MENTAL HEALTH
 OR THE OFFICE FOR PEOPLE WITH  DEVELOPMENTAL  DISABILITIES,  WHERE  SUCH
 INFORMATION  IS  INCLUDED IN THE CLINICAL RECORD OF ANY PERSON UNDER THE
 CARE OF OR RECEIVING SERVICES FROM SUCH PROVIDER OR PROGRAM.
   (E) WHERE THE SEALING REQUIRED BY THIS SECTION HAS  NOT  TAKEN  PLACE,
 INCLUDING  WHERE SUPPORTING COURT RECORDS CANNOT BE LOCATED OR HAVE BEEN
 DESTROYED, AND A DEFENDANT OR THEIR ATTORNEY SUBMITS  A  VALID  FORM  IN
 ACCORDANCE WITH PARAGRAPH (DD) OF SUBDIVISION TWO OF SECTION TWO HUNDRED
 TWELVE  OF THE JUDICIARY LAW  OF SUCH FACT TO THE OFFICE OF COURT ADMIN-
 ISTRATION, SUCH CONVICTION SHALL BE SEALED AS SET FORTH IN THIS SUBDIVI-
 SION WITHIN THIRTY DAYS OF THE RECEIPT OF SUCH FORM.
   (F) THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, IN  COOR-
 DINATION  WITH  THE DIVISION OF CRIMINAL JUSTICE SERVICES, SHALL PROVIDE
 THE OFFICE OF COURT ADMINISTRATION WITH THE DATA NECESSARY TO  DETERMINE
 APPROPRIATE RECORDS TO BE SEALED PURSUANT TO THIS SECTION, INCLUDING BUT
 NOT LIMITED TO (I) THE DATE OR DATES OF RELEASE FROM STATE INCARCERATION
 OF  INDIVIDUALS  WHO  HAVE  A  SENTENCE  OF  INCARCERATION  FOR A FELONY
 CONVICTION, AND (II) THE DATE OR DATES OF INITIAL PAROLE OR POST-RELEASE
 SUPERVISION AND CORRESPONDING DATE OR DATES OF DISCHARGE, AS APPLICABLE.
   (G) THE CHIEF ADMINISTRATIVE OFFICER OF EACH LOCAL CORRECTIONAL FACIL-
 ITY SHALL PROVIDE THE OFFICE  OF  COURT  ADMINISTRATION  WITH  THE  DATA
 NECESSARY TO DETERMINE APPROPRIATE RECORDS TO BE SEALED PURSUANT TO THIS
 SECTION,  INCLUDING  BUT  NOT LIMITED TO THE DATE OR DATES OF RELEASE OF
 INDIVIDUALS WHO HAVE SATISFIED A DEFINITE SENTENCE OF IMPRISONMENT.
   2. UPON THE SEALING OF A  CONVICTION  PURSUANT  TO  THIS  SECTION  THE
 OFFICE  OF COURT ADMINISTRATION SHALL IMMEDIATELY NOTIFY THE DIVISION OF
 CRIMINAL JUSTICE SERVICES, THE COURT OF CONVICTION,  COUNTY  CLERKS  AND
 THE  HEADS  OF  ALL APPROPRIATE POLICE AND SHERIFF DEPARTMENTS, PROSECU-
 TORS' OFFICES AND  LAW  ENFORCEMENT  AGENCIES  THAT  THE  CONVICTION  IS
 SEALED.  UPON  RECEIPT  OF  SUCH NOTIFICATION, RECORDS OF OR RELATING TO
 SUCH CONVICTION SHALL BE IMMEDIATELY SEALED AS FOLLOWS:
   (A) EVERY PHOTOGRAPH OF  THE  DEFENDANT  AND  PHOTOGRAPHIC  PLATES  OR
 PROOF,  AND  ALL PALMPRINTS, FINGERPRINTS AND RETINA SCANS TAKEN OR MADE
 OF THE DEFENDANT IN REGARD TO THE SEALED CONVICTION, AND ALL DUPLICATES,
 REPRODUCTIONS, AND COPIES THEREOF, EXCEPT A DIGITAL FINGERPRINT THAT  IS
 ON  FILE WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES FOR A CONVICTION
 THAT HAS NOT BEEN SEALED PURSUANT TO THIS SECTION, SHALL  BE  MARKED  AS
 SEALED  BY  ANY  ENTITY  NOTIFIED UNDER THIS SUBDIVISION HAVING ANY SUCH
 PHOTOGRAPH, PHOTOGRAPHIC PLATE  OR  PROOF,  PALMPRINT,  FINGERPRINTS  OR
 RETINA  SCAN  IN  ITS  POSSESSION  OR UNDER ITS CONTROL BY CONSPICUOUSLY
 INDICATING ON THE FACE OF THE RECORD OR AT THE BEGINNING  OF  THE  DIGI-
 TIZED FILE OF THE RECORD THAT THE RECORD HAS BEEN DESIGNATED AS SEALED.
   (B) 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 RECORDS AND BRIEFS ON
 APPEAL, RELATING TO THE SEALED CONVICTION, ON FILE WITH THE ENTITY NOTI-
 FIED UNDER THIS SUBDIVISION SHALL BE MARKED AS SEALED  BY  CONSPICUOUSLY
 INDICATING  ON  THE  FACE OF THE RECORD OR AT THE BEGINNING OF THE DIGI-
 TIZED FILE OF THE RECORD THAT THE RECORD HAS BEEN DESIGNATED AS SEALED.
   (C) ENTITIES SUBJECT TO THE REQUIREMENTS OF THIS SUBDIVISION SHALL NOT
 USE OR ACCESS SUCH SEALED INFORMATION UNLESS OTHERWISE AUTHORIZED PURSU-
 ANT TO THIS SECTION OR ANY OTHER SECTION OF LAW.
   (D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO INTERFERE  WITH  THE
 APPLICABLE  LAWS, RULES AND REGULATIONS REQUIRING THE DIVISION OF CRIMI-
 A. 1029--C                          7
 
 NAL JUSTICE SERVICES TO ADMINISTER AND MAINTAIN CRIMINAL HISTORY RECORDS
 AS SET FORTH IN ARTICLE THIRTY-FIVE OF THE EXECUTIVE LAW.
   3.  (A) NOTHING IN THIS SECTION REQUIRES THE SEALING OR DESTRUCTION OF
 DNA INFORMATION MAINTAINED IN  THE  NEW  YORK  STATE  DNA  DATABASE,  IN
 ACCORDANCE  WITH  ARTICLE FORTY-NINE-B OF THE EXECUTIVE LAW, OF AN INDI-
 VIDUAL WHOSE CONVICTION IS SEALED UNDER THIS SECTION.
   (B) NOTHING IN THIS SECTION REQUIRES THE  SEALING  OR  DESTRUCTION  OF
 RECORDS  MAINTAINED  BY THE DEPARTMENT OF MOTOR VEHICLES, AND NOTHING IN
 THIS SECTION SHALL BE CONSTRUED TO CONTRAVENE THE  VEHICLE  AND  TRAFFIC
 LAW,  THE  FEDERAL  DRIVER'S  PRIVACY  PROTECTION ACT (18 U.S.C 2721 ET.
 SEQ.), THE REAL ID ACT OF 2005  (PUBLIC  LAW  109-13;  49  U.S.C.  30301
 NOTE),  SECTION 7209 OF THE INTELLIGENCE REFORM AND TERRORISM PREVENTION
 ACT OF 1986 (49 U.S.C. 31311), THE COMMERCIAL MOTOR VEHICLE  SAFETY  ACT
 OF  1986  (PUBLIC  LAW  99-570; 49 U.S.C. 313), THE MOTOR CARRIER SAFETY
 IMPROVEMENT ACT OF 1999 (PUBLIC LAW 106-159), OR REGULATIONS PROMULGATED
 PURSUANT TO ANY SUCH CHAPTER OR ACT.
   (C) THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  IS  AUTHORIZED  TO
 DISCLOSE  A  CONVICTION THAT IS SEALED PURSUANT TO THIS SECTION TO ENTI-
 TIES THAT ARE REQUIRED BY FEDERAL  LAW,  OR  BY  RULES  AND  REGULATIONS
 PROMULGATED BY A SELF-REGULATORY ORGANIZATION CREATED UNDER FEDERAL LAW,
 TO  CONSIDER SEALED CONVICTIONS. SUCH ENTITIES MUST CERTIFY TO THE DIVI-
 SION THAT THEY ARE REQUIRED BY FEDERAL LAW, OR BY RULES AND  REGULATIONS
 PROMULGATED  BY  A  SELF-REGULATORY  ORGANIZATION  THAT HAS BEEN CREATED
 UNDER FEDERAL LAW, TO MAKE AN INQUIRY ABOUT OR CONSIDER  RECORDS  SEALED
 PURSUANT  TO  THIS  SECTION  FOR  PURPOSES  OF EMPLOYMENT, LICENSING, OR
 CLEARANCE. TO THE EXTENT PERMITTED  BY  FEDERAL  LAW,  A  RECORD  SEALED
 PURSUANT  TO  THIS SECTION MAY NOT BE CONSIDERED A CONVICTION THAT WOULD
 PROHIBIT THE EMPLOYMENT, LICENSING OR CLEARANCE OF THE DEFENDANT.
   (D) NOTHING IN THIS SECTION SHALL PROHIBIT ENTITIES REQUIRED BY FEDER-
 AL LAW TO CONSIDER SEALED  CONVICTIONS,  OR  BY  RULES  AND  REGULATIONS
 PROMULGATED  BY  A  SELF-REGULATORY  ORGANIZATION  THAT HAS BEEN CREATED
 UNDER FEDERAL LAW, FROM MAKING AN INQUIRY ABOUT OR CONSIDERING AN APPLI-
 CANT'S CRIMINAL HISTORY FOR PURPOSES OF EMPLOYMENT, LICENSING, OR CLEAR-
 ANCE FROM INQUIRING INTO CONVICTIONS SEALED PURSUANT TO THIS SECTION.
   (E) IN ANY CIVIL ACTION, AN OFFICIAL RECORD OF A CONVICTION  THAT  HAS
 BEEN  SEALED  PURSUANT TO THIS SECTION MAY NOT BE INTRODUCED AS EVIDENCE
 OF NEGLIGENCE AGAINST A  PERSON  OR  ENTITY  THAT  PROVIDED  EMPLOYMENT,
 CONTRACT  LABOR  OR SERVICES, VOLUNTEER WORK, LICENSING, TENANCY, A HOME
 PURCHASE, A MORTGAGE, AN EDUCATION, A LOAN, OR INSURANCE IF SUCH  RECORD
 WAS  SEALED AND WAS NOT PROVIDED TO THE PERSON OR ENTITY BY OR ON BEHALF
 OF A GOVERNMENTAL ENTITY IN ACCORDANCE WITH THIS SECTION IN RESPONSE  TO
 SUCH  PERSON'S  OR ENTITY'S AUTHORIZED AND TIMELY REQUEST FOR CONVICTION
 HISTORY INFORMATION.
   (F) A PERSON OR ENTITY DESCRIBED IN THIS SUBDIVISION,  ACTING  REASON-
 ABLY AND IN GOOD FAITH, MAY NOT HAVE A DUTY TO INVESTIGATE THE FACT OF A
 PRIOR CONVICTION THAT HAS BEEN SEALED PURSUANT TO THIS SECTION.
   4.  NO  DEFENDANT  SHALL BE REQUIRED OR PERMITTED TO WAIVE ELIGIBILITY
 FOR SEALING PURSUANT TO THIS SECTION  AS  PART  OF  A  PLEA  OF  GUILTY,
 SENTENCE OR ANY AGREEMENT RELATED TO A CONVICTION FOR A VIOLATION OF THE
 LAWS OF THIS STATE.  ANY SUCH WAIVER IS VOID AND UNENFORCEABLE.
   5.  SEALING AS SET FORTH IN SUBDIVISION TWO OF THIS SECTION IS WITHOUT
 PREJUDICE TO A DEFENDANT OR THEIR ATTORNEY SEEKING FURTHER RELIEF PURSU-
 ANT TO ARTICLE FOUR HUNDRED FORTY OF THIS  CHAPTER.    NOTHING  IN  THIS
 SECTION  IS INTENDED OR SHALL BE INTERPRETED TO DIMINISH OR ABROGATE ANY
 RIGHTS OR REMEDIES OTHERWISE AVAILABLE TO THE DEFENDANT.
 A. 1029--C                          8
 
   6. THE OFFICE OF COURT ADMINISTRATION SHALL MAKE DILIGENT  EFFORTS  TO
 PROMPTLY  SEAL  ALL  CONVICTION  RECORDS ELIGIBLE FOR SEALING UNDER THIS
 SECTION WHERE SUCH CONVICTIONS WERE ENTERED ON OR BEFORE  THE  EFFECTIVE
 DATE  OF  THIS  SECTION  AND, IN ANY EVENT, SHALL ENSURE SEALING OF SUCH
 CONVICTIONS  IS  COMPLETE NO LATER THAN THREE YEARS AFTER SUCH EFFECTIVE
 DATE.
   7. A CONVICTION WHICH IS SEALED PURSUANT TO THIS SECTION  IS  INCLUDED
 WITHIN  THE  DEFINITION OF A CONVICTION FOR THE PURPOSES OF ANY CRIMINAL
 PROCEEDING IN WHICH THE FACT OF  A  PRIOR  CONVICTION  WOULD  ENHANCE  A
 PENALTY OR IS AN ELEMENT OF THE OFFENSE CHARGED.
   8.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO PERMIT SEALING OF A
 CONVICTION BEFORE THE EXPIRATION OR TERMINATION OF A SENTENCE OF  INCAR-
 CERATION,  PAROLE,  PROBATION,  OR  POST-RELEASE  SUPERVISION  FOR  SUCH
 CONVICTION.
   9. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AFFECT OR  INVALIDATE
 ANY ACTIVE ORDER OF PROTECTION ISSUED IN RELATION TO A CONVICTION SEALED
 UNDER THIS SECTION.
   10. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE OR AUTHORIZE
 THE  DISCHARGE  OF  THE  REQUIREMENT TO PAY ANY RESTITUTION, REPARATION,
 FINES, SURCHARGES, OR FEES IMPOSED FOR A CONVICTION  SEALED  UNDER  THIS
 SECTION  OR  THE  SEALING  OF  A  CRIMINAL  OR  CIVIL PROCEEDING FOR THE
 COLLECTION OF ANY SUCH AMOUNT DUE, UNLESS SUCH PROCEEDING  IS  OTHERWISE
 ELIGIBLE FOR SEALING UNDER THIS SECTION OR ANY OTHER PROVISION OF LAW.
   §  3.  Section 845-d of the executive law is amended by adding two new
 subdivisions 4 and 5 to read as follows:
   4. NOTHING IN THIS SECTION SHALL AUTHORIZE  THE  DIVISION  TO  PROVIDE
 CRIMINAL  HISTORY  INFORMATION THAT IS SEALED PURSUANT TO SECTION 160.57
 OF THE CRIMINAL PROCEDURE LAW TO AN ENTITY OTHER THAN  THOSE  AUTHORIZED
 BY SUCH SECTION TO RECEIVE SUCH INFORMATION.
   5.  EXCEPT  AS  OTHERWISE  REQUIRED BY LAW, EVERY ENTITY THAT RECEIVES
 CRIMINAL  HISTORY INFORMATION FOR CIVIL PURPOSES SHALL PROVIDE OR ENSURE
 THE PROVISION OF A COPY OF SUCH  CRIMINAL  HISTORY INFORMATION TO  EVERY
 INDIVIDUAL FOR WHOM SUCH INFORMATION IS RECEIVED WITH  A  COPY  OF ARTI-
 CLE  TWENTY-THREE-A  OF  THE CORRECTION LAW, AND THAT SUCH INDIVIDUAL BE
 INFORMED OF THEIR RIGHT TO SEEK  CORRECTION  OF ANY  INCORRECT  INFORMA-
 TION  CONTAINED  IN  SUCH  INFORMATION  PURSUANT  TO THE REGULATIONS AND
 PROCEDURES ESTABLISHED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES.
   § 4. Subdivision 2 of section 212 of the judiciary law is  amended  by
 adding two new paragraphs (dd) and (ee) to read as follows:
   (DD)  PROMULGATE  A  STANDARDIZED  FORM AND PROCESS FOR INDIVIDUALS TO
 NOTIFY THE OFFICE OF COURT  ADMINISTRATION  OF  CONVICTIONS  SUBJECT  TO
 SEALING  UNDER  SECTION  160.57  OF  THE CRIMINAL PROCEDURE LAW, BUT FOR
 WHICH THE OFFICE HAS NOT  SEALED  OR  TAKEN  THE  REQUISITE  ACTION  FOR
 RELATED RECORDS.
   (EE)  PROMULGATE  A  STANDARDIZED  FORM  AND  PROCESS  FOR INDIVIDUALS
 AUTHORIZED TO REQUEST SEALED RECORDS PURSUANT TO SUBPARAGRAPH (XIII)  OF
 PARAGRAPH  (D)  OF  SUBDIVISION  ONE  OF  SECTION 160.57 OF THE CRIMINAL
 PROCEDURE LAW.
   § 5. 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
 A. 1029--C                          9
 
 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,  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 informa-
 tion pertaining to any arrest or criminal accusation of such  individual
 not  then pending against that individual which was followed by a termi-
 nation of that criminal action or proceeding in favor of  such  individ-
 ual,  as  defined  in  subdivision two of section 160.50 of the criminal
 procedure law, or by an order adjourning the criminal action in  contem-
 plation  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  offen-
 der adjudication, as defined in subdivision one of section 720.35 of the
 criminal procedure law, or by a conviction for a violation sealed pursu-
 ant  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  CRIMINAL
 PROCEDURE  LAW.  An individual required or requested to provide informa-
 tion in violation of this subdivision may  respond  as  if  the  arrest,
 criminal  accusation,  or disposition of such arrest or criminal accusa-
 tion 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 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 enforcement 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  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. 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
 A. 1029--C                         10
 
 revoked and the case is restored to  the  calendar  for  further  prose-
 cution.
   § 6. Section 9 of the correction law, as added by section 2 of part OO
 of  chapter  56  of  the laws of 2010, the section heading as amended by
 chapter 322 of the laws of 2021, is amended to read as follows:
   § 9. Access to information of incarcerated individuals via the  inter-
 net.  Notwithstanding any provision of law to the contrary, any informa-
 tion relating to the conviction  of  a  person[,  except  for  a  person
 convicted of an offense that would make such person ineligible for merit
 time under section eight hundred three of this chapter or an offense for
 which  registration as a sex offender is required as set forth in subdi-
 vision two or three of section one hundred sixty-eight-a of  this  chap-
 ter,]  that  is posted on a website maintained by or for the department,
 under article six of the public officers law,  may  be  posted  on  such
 website  for a period not to exceed [five] THREE years after the expira-
 tion of such person's sentence of imprisonment and AT THE CONCLUSION  OF
 any  period  of  parole or post-release supervision[; provided, however,
 that in the case of a person who has been committed to the department on
 more than one occasion, the department may post  conviction  information
 relating  to  any  prior  commitment on such website for a period not to
 exceed five years after the expiration  of  such  person's  sentence  of
 imprisonment  and any period of parole or post-release supervision aris-
 ing from the most recent commitment to the department].
   § 7. The civil rights law is amended by adding a new section  50-g  to
 read as follows:
   § 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 RESPOND-
 ENT  OWED  SUCH PERSON A DUTY OF CARE PURSUANT TO SUCH SECTION; (B)  THE
 RESPONDENT KNOWINGLY AND WILLFULLY BREACHED SUCH DUTY; (C)  THE  DISCLO-
 SURE  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  PARA-
 GRAPH (D) OF SUBDIVISION ONE, OR SUBDIVISION THREE OF SUCH SECTION.
   §  8. Paragraph (a) of subdivision 1 of section 837-n of the executive
 law, as added by chapter 3 of the laws of 1998, is amended  to  read  as
 follows:
   (a)  "Caregiver"  shall  mean a person employed to provide [fifteen or
 more hours of] care [per week] to a child or children, OR AN ELDERLY  OR
 VULNERABLE  ADULT in the home of such a child [or], children, OR ELDERLY
 OR VULNERABLE ADULT.
   § 9. Severability. If any provision of this  act  or  the  application
 thereof  to  any  person,  corporation or circumstances is held invalid,
 such invalidity shall not affect other provisions or applications of the
 act which can be given effect without the invalid provision or  applica-
 A. 1029--C                         11
 
 tion,  and  to  this  end  the provisions of this act are declared to be
 severable.
   § 10. This act shall take effect one year after it shall have become a
 law.    Effective  immediately, the addition, amendment and/or repeal of
 any rule or regulation necessary for the implementation of this  act  on
 its effective date are  authorized to be made and completed on or before
 such date.