Assembly Bill A1607

2023-2024 Legislative Session

Creates the office of expungement

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

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

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2023-A1607 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Add §837-x, Exec L
Versions Introduced in 2021-2022 Legislative Session:
A7440

2023-A1607 (ACTIVE) - Summary

Creates the office of expungement within the division of criminal justice services to oversee the sealing and expungement of certain convictions.

2023-A1607 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1607
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M. of A. ANDERSON, REYES, GONZALEZ-ROJAS, SIMON, FORREST
   -- read once and referred to the Committee on Codes
 
 AN ACT to amend the executive  law,  in  relation  to  establishing  the
   office of expungement within the division of criminal justice services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section  837-x
 to read as follows:
   §  837-X.  OFFICE  OF  EXPUNGEMENT.  1.  DEFINITIONS.  AS  USED IN THE
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ELIGIBLE CONVICTION" SHALL MEAN A CONVICTION WHICH IS ELIGIBLE TO
 BE SEALED AND/OR EXPUNGED UNDER SECTION 160.50, 160.55,  160.57,  160.58
 OR 160.59 OF THE CRIMINAL PROCEDURE LAW.
   (B)  "OFFICE"  SHALL  MEAN THE OFFICE OF EXPUNGEMENT AS ESTABLISHED BY
 THIS SECTION.
   2. ESTABLISHMENT OF OFFICE. THERE IS  HEREBY  ESTABLISHED  WITHIN  THE
 DIVISION  OF  CRIMINAL  JUSTICE SERVICES THE OFFICE OF EXPUNGEMENT WHICH
 SHALL  OVERSEE  THE  SEALING  AND/OR   EXPUNGEMENT   OF   ALL   ELIGIBLE
 CONVICTIONS.
   3. DUTIES AND RESPONSIBILITIES. THE OFFICE SHALL:
   (A)  INFORM THE DEFENDANT AND SUCH DEFENDANT'S ATTORNEY THAT AN ELIGI-
 BLE CONVICTION CAN BE SEALED AND/OR EXPUNGED;
   (B) ENSURE ALL ELIGIBLE CONVICTIONS ARE SEALED AND/OR  EXPUNGED  ACCU-
 RATELY AND IN A TIMELY MANNER;
   (C) ACT AS AN ADVOCATE FOR THOSE WITH ELIGIBLE CONVICTIONS TO GET SUCH
 CONVICTIONS SEALED AND/OR EXPUNGED;
   (D)  ADVISE  THE  GOVERNOR AND THE LEGISLATURE ON THE IMPACT OF HAVING
 ELIGIBLE CONVICTIONS SEALED AND/OR EXPUNGED; AND
   (E) DEVELOP STANDARDS, GUIDELINES, AND  BEST  PRACTICES  FOR  ENSURING
 ACCURATE AND TIMELY SEALING AND/OR EXPUNGEMENT OF ELIGIBLE CONVICTIONS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03159-01-3
 A. 1607                             2

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