SS LBD01987-02-3
S. 211--A 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;
(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-
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
S. 211--A 3
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
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;
S. 211--A 4
(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-
GATED PURSUANT THERETO IN AN APPLICATION FOR RECONSIDERATION, EVEN IF
SUCH CONVICTION LATER BECOMES AUTOMATICALLY SEALED PURSUANT TO THIS
SECTION.
S. 211--A 5
(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
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
S. 211--A 6
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.
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.
S. 211--A 7
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
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-
S. 211--A 8
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.
§ 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
S. 211--A 9
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.
