Bill Text: NY A08392 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires automatic sealing of certain misdemeanor records; provides exceptions thereto.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-06-17 - enacting clause stricken [A08392 Detail]

Download: New_York-2019-A08392-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8392

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      June 15, 2019
                                       ___________

        Introduced by M. of A. MOSLEY -- read once and referred to the Committee
          on Codes

        AN  ACT  to  amend  the criminal procedure law, in relation to automatic
          sealing of certain misdemeanor records

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  criminal  procedure  law  is amended by adding a new
     2  section 160.57 to read as follows:
     3  § 160.57 Automatic sealing of certain misdemeanor records.
     4    1. As used in this section, "eligible offense" shall mean  any  misde-
     5  meanor  crime defined in the laws of this state other than a sex offense
     6  defined in article one hundred  thirty of the penal law, or  an  offense
     7  for which registration as a sex offender is required pursuant to article
     8  six-C  of the correction law. For the purposes of this section, where an
     9  individual is convicted of more than one eligible offense  committed  as
    10  part  of the same  criminal transaction as defined in subdivision two of
    11  section 40.10 of this chapter, such   offenses shall be  considered  one
    12  eligible offense.
    13    2. Where an individual has been convicted in New York state of no more
    14  than  two  eligible offenses and ten years have passed since the imposi-
    15  tion of the sentence on an  individual's latest criminal  conviction  in
    16  New  York  state,  or where such individual was sentenced to a period of
    17  incarceration for such offense,  including  a  period  of  incarceration
    18  imposed  in conjunction with a sentence of probation, upon such individ-
    19  ual's latest release   from  incarceration,  all  official  records  and
    20  papers  relating  to  the arrests, prosecutions, and convictions of such
    21  offenses, including all duplicates and copies thereof on file  with  the
    22  division  of criminal justice services or any court, shall be sealed and
    23  not made available to  any person or public or private agency except  as
    24  provided  in  subdivision  four of this  section; provided, however, the
    25  division shall retain any fingerprints, palmprints and  photographs,  or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11923-01-9

        A. 8392                             2

     1  digital images of the same. The commissioner of the division of criminal
     2  justice  services  shall immediately notify the office of court adminis-
     3  tration, the clerk of such court where the individual was convicted, and
     4  the  heads of all appropriate police  departments and other law enforce-
     5  ment agencies regarding the records that shall  be  sealed  pursuant  to
     6  this section.
     7    3.  Sealing  of  records  pursuant  to subdivision two of this section
     8  shall not apply to the records of any individual where such individual:
     9    (a) is required to register as a  sex  offender  pursuant  to  article
    10  six-C of the correction law;
    11    (b)   has  previously  obtained  sealing  of  the  maximum  number  of
    12  convictions allowable under section 160.58 of this article;
    13    (c)  has  previously  obtained  sealing  of  the  maximum  number   of
    14  convictions allowable under subdivision two of this section;
    15    (d) has an undisposed arrest or charge pending in New York state;
    16    (e) was convicted of any crime in New York state after the date of the
    17  entry of judgment of the last conviction for which sealing is sought;
    18    (f)  has  been convicted of any crime in New York state that is not an
    19  eligible offense; or
    20    (g) has been convicted of more than two crimes in New York state.
    21    4. Notwithstanding any other provisions of this section,  an  individ-
    22  ual's  records  which have been sealed pursuant to this section shall be
    23  made available to:
    24    (a) such individual or such individual's designated agent;
    25    (b) qualified agencies, as defined  in  subdivision  nine  of  section
    26  eight  hundred  thirty-five  of the executive law, and federal and state
    27  law enforcement agencies, when acting within  the  scope  of  their  law
    28  enforcement duties;
    29    (c)  any state or local officer or agency responsible for the issuance
    30  of licenses to possess guns, when such individual has made  an  applica-
    31  tion for such a license;
    32    (d)  any prospective employer of a police officer or peace officer, as
    33  those terms are defined in subdivisions thirty-three and thirty-four  of
    34  section 1.20 of this chapter, in  relation to such individual's applica-
    35  tion  for  employment  as  a  police officer or peace officer; provided,
    36  however, that every such applicant for the position of police officer or
    37  peace officer shall be furnished with a copy  of  all  records  obtained
    38  under  this  paragraph and   shall be afforded an opportunity to make an
    39  explanation thereto; and
    40    (e) the criminal justice information services division of the  federal
    41  bureau  of  investigation,  for the purposes of responding to queries to
    42  the national instant criminal background check system regarding attempts
    43  to purchase or otherwise take possession of firearms, as defined  in  18
    44  USC 921 (a) (3).
    45    5.  In situations where sealing of an individual's records is required
    46  under subdivision two of this section, but has not taken place, and such
    47  individual or such   individual's attorney presents  to  the  office  of
    48  court  administration  fingerprint records from the division of criminal
    49  justice services or a court disposition indicating that the  period  for
    50  eligibility has been satisfied for an eligible conviction, within thirty
    51  days  of notice to the office of court administration, such individual's
    52  records shall be sealed as set forth in subdivision two of this section.
    53    6. No person shall be required or permitted to waive  eligibility  for
    54  sealing  pursuant to this section as part of a plea of guilty, sentence,
    55  or any agreement related to a conviction   for an eligible  offense  and
    56  any such waiver shall be deemed void and wholly unenforceable.

        A. 8392                             3

     1    § 2. This act shall take effect immediately.
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