S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1307
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of  A. AUBRY, SIMON -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to the automatic
   expungement of arrest records
 
   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 160.61 to read as follows:
 § 160.61 AUTOMATIC EXPUNGEMENT OF RECORDS OF ARREST.
   1. IN ANY JURISDICTION IN WHICH AN ARREST OCCURRED WHERE  SUCH  ARREST
 IS VOIDABLE, A COURT WHICH HAD JURISDICTION, OR WOULD HAVE HAD JURISDIC-
 TION  OVER  THE  MATTER HAD SUCH ARREST NOT BEEN VOIDABLE SHALL ISSUE AN
 ORDER EXPUNGING ANY AND ALL RECORDS, PURSUANT TO SUCH ARREST  NOT  LATER
 THAN  THIRTY DAYS AFTER THE DATE ON WHICH SUCH ARREST BECOMES A VOIDABLE
 ARREST. FOR PURPOSES OF THIS SUBDIVISION,  THE  TERM  "VOIDABLE  ARREST"
 MEANS ANY ARREST RESULTING IN THE FOLLOWING:
   (A) THE INDIVIDUAL WAS RELEASED WITHOUT THE FILING OF FORMAL CHARGES;
   (B)  A  DETERMINATION  WAS  MADE  THAT THE ARREST WAS WITHOUT PROBABLE
 CAUSE; OR
   (C) THE DISMISSAL OF PROCEEDINGS AGAINST THE INDIVIDUAL.
   2. (A) WHEN AN ORDER IS ISSUED FOR THE EXPUNGEMENT OF RECORDS PURSUANT
 TO THIS SECTION,  THE  HEADS  OF  ALL  APPROPRIATE  POLICE  DEPARTMENTS,
 PROSECUTOR'S  OFFICES  AND LAW ENFORCEMENT AGENCIES SHALL BE NOTIFIED BY
 THE COURT THAT ALL RECORDS OF OR RELATING TO ANY SUCH  ARREST  BE  IMME-
 DIATELY EXPUNGED AS FOLLOWS:
   (I)  EVERY  PHOTOGRAPH OF SUCH PERSON AND PHOTOGRAPHIC PLATE OR PROOF,
 AND ALL PALMPRINTS, FINGERPRINTS AND RETINA SCANS MADE  OF  SUCH  PERSON
 PURSUANT  TO  THE  PROVISIONS  OF  THIS  ARTICLE, AND ALL DUPLICATES AND
 COPIES THEREOF, EXCEPT A  DIGITAL  FINGERPRINT  IMAGE  WHERE  AUTHORIZED
 PURSUANT  TO  SUBPARAGRAPH  (IV)  OF  THIS PARAGRAPH, SHALL FORTHWITH BE
 DESTROYED BY ANY POLICE DEPARTMENT, PROSECUTOR'S OFFICE OR LAW  ENFORCE-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01571-01-3
              

 A. 1307                             2
 
 MENT AGENCY HAVING ANY SUCH PHOTOGRAPH, PHOTOGRAPHIC PLATE, FINGERPRINTS
 OR RETINA SCANS UNDER ITS POSSESSION OR CONTROL;
   (II)  ANY  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 ANY
 OTHER STATE OR JURISDICTION OUTSIDE THE STATE OF NEW YORK COPIES OF  ANY
 SUCH  PHOTOGRAPHS,  PHOTOGRAPHIC  PLATES  OR PROOFS, PALMPRINTS, FINGER-
 PRINTS OR RETINA SCANS SHALL FORTHWITH FORMALLY INFORM  SUCH  AGENCY  IN
 WRITING  THAT  THE  MATTER HAS BEEN EXPUNGED AND REQUEST IN WRITING THAT
 ALL SUCH COPIES BE DESTROYED OR RETURNED TO ANY SUCH DEPARTMENT,  OFFICE
 OR AGENCY IN THE STATE OF NEW YORK;
   (III)  ALL  OFFICIAL  RECORDS  AND PAPERS, INCLUDING JUDGMENTS FOR AND
 ORDERS OF A COURT BUT NOT INCLUDING PUBLIC COURT DECISIONS  OR  OPINIONS
 OR  RECORDS  OR  BRIEFS RELATING TO THE ARREST, INCLUDING ANY DUPLICATES
 AND  COPIES  THEREOF  ON  FILE  WITH  ANY  COURT,   POLICE   DEPARTMENT,
 PROSECUTOR'S  OFFICE  OR  LAW  ENFORCEMENT  AGENCY  SHALL  BE  MARKED AS
 EXPUNGED AND SEALED AND NOT BE MADE  AVAILABLE  TO,  OR  USED  FOR,  ANY
 PURPOSE  NOT  EXPLICITLY  AUTHORIZED  BY  LAW BY ANY PERSON OR PUBLIC OR
 PRIVATE AGENCY; AND
   (IV) WHERE FINGERPRINTS SUBJECT TO THE PROVISIONS OF THIS SECTION HAVE
 BEEN RECEIVED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES AND HAVE BEEN
 FILED BY THE DIVISION AS DIGITAL IMAGES, SUCH IMAGES  MAY  BE  RETAINED,
 PROVIDED  THAT  A FINGERPRINT CARD OF THE INDIVIDUAL IS ON FILE WITH THE
 DIVISION AND WAS NOT EXPUNGED PURSUANT TO THIS SECTION.
   (B) NOTIFICATION OF EXPUNGEMENT SHALL BE PROVIDED TO THE PERSON  WHOSE
 ARREST WAS VOIDABLE AND TO HIS OR HER ATTORNEY OF RECORD, IF ANY.
   3. IN ANY SITUATION WHERE AUTOMATIC EXPUNGEMENT AND RECORD DESTRUCTION
 HAVE  NOT  TAKEN  PLACE AS REQUIRED BY THIS SECTION, OR WHERE SUPPORTING
 COURT RECORDS CANNOT BE LOCATED OR HAVE BEEN DESTROYED, AN INDIVIDUAL OR
 HIS OR HER ATTORNEY MAY SUBMIT A NOTIFICATION OF SUCH FACT  TO  A  COURT
 WHICH  HAD  JURISDICTION OVER THE MATTER, OR WHICH WOULD HAVE HAD JURIS-
 DICTION OVER SUCH MATTER HAD THE ARREST  NOT  BEEN  VOIDABLE,  AND  SUCH
 ARREST RECORDS SHALL BE EXPUNGED AS SET FORTH PURSUANT TO THIS SECTION.
   4.  A  PERSON  WHO  HAS  RECEIVED  EXPUNGEMENT OF AN ARREST UNDER THIS
 SECTION MAY RESPOND TO ANY EMPLOYMENT INQUIRY AS THOUGH THE  ARREST  DID
 NOT OCCUR.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.