S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7551--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               June 5, 2023
                                ___________
 
 Introduced  by  Sens.  MYRIE,  BAILEY,  BROUK, COMRIE, COONEY, GIANARIS,
   GONZALEZ, GOUNARDES, JACKSON,  KAVANAGH,  MAY,  RAMOS,  RIVERA,  RYAN,
   SEPULVEDA, WEBB -- read twice and ordered printed, and when printed to
   be  committed  to the Committee on Rules -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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."
   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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11746-03-3
              

 S. 7551--A                          2
 
 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
 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;
 S. 7551--A                          3
 
   (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;
   (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-
 S. 7551--A                          4
 
 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;
   (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
 S. 7551--A                          5

 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
 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.
 S. 7551--A                          6
 
   (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-
 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
 S. 7551--A                          7
 
 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.
   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.
 S. 7551--A                          8
 
   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
 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
 S. 7551--A                          9
 
 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
 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-
 S. 7551--A                         10
 
 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-
 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.