S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    469
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens.  SEPULVEDA,  BRISPORT,  RIVERA  --  read twice and
   ordered printed, and when printed to be committed 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01571-01-3
              

 S. 469                              2
 
 DESTROYED  BY ANY POLICE DEPARTMENT, PROSECUTOR'S OFFICE OR LAW ENFORCE-
 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.