S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4565
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2025
                                ___________
 
 Introduced  by  Sens. BAILEY, COMRIE, FERNANDEZ, HOYLMAN-SIGAL, JACKSON,
   MYRIE -- read twice and  ordered  printed,  and  when  printed  to  be
   committed to the Committee on Codes
 
 AN  ACT  to  amend  the  executive  law, in relation to establishing the
   office of expungement and automatic sealing  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-y
 to read as follows:
   § 837-Y. OFFICE OF EXPUNGEMENT AND AUTOMATIC SEALING.  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, 160.58 OR 160.59
 OF THE CRIMINAL PROCEDURE LAW.
   (B) "OFFICE" SHALL MEAN THE OFFICE OF EXPUNGEMENT AND AUTOMATIC  SEAL-
 ING AS ESTABLISHED BY THIS SECTION.
   2.  ESTABLISHMENT  OF  OFFICE.  THERE IS HEREBY ESTABLISHED WITHIN THE
 DIVISION OF CRIMINAL JUSTICE SERVICES  THE  OFFICE  OF  EXPUNGEMENT  AND
 AUTOMATIC  SEALING 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08663-01-5
              

 S. 4565                             2
 
   (E) DEVELOP REGULATIONS, STANDARDS, GUIDELINES, AND BEST PRACTICES FOR
 ENSURING  ACCURATE  AND  TIMELY  SEALING  AND/OR EXPUNGEMENT OF ELIGIBLE
 CONVICTIONS.
   4.  OTHER  STATE  AGENCIES SHALL PROVIDE COOPERATION AND ASSISTANCE TO
 THE OFFICE SO AS TO ASSIST  IT  IN  THE  EFFECTIVE  PERFORMANCE  OF  ITS
 DUTIES.
   § 2. This act shall take effect immediately.