Bill Text: NY S00335 | 2021-2022 | General Assembly | Introduced
Bill Title: Requires automatic sealing of certain misdemeanor records; provides exceptions thereto; requires the division of criminal justice services to publish statistics on automatic sealing of certain records.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S00335 Detail]
Download: New_York-2021-S00335-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 335 2021-2022 Regular Sessions IN SENATE (Prefiled) January 6, 2021 ___________ Introduced by Sen. MYRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law and the executive 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, all official records and papers relating to the arrests, 17 prosecutions, and convictions of such offenses, including all duplicates 18 and copies thereof on file with the division of criminal justice 19 services or any court, shall be sealed and not made available to any 20 person or public or private agency except as provided in subdivision 21 four of this section; provided, however, the division shall retain any 22 fingerprints, palmprints and photographs, or digital images of the 23 same. The commissioner of the division of criminal justice services 24 shall immediately notify the office of court administration, the clerk EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02389-01-1S. 335 2 1 of such court where the individual was convicted, and the heads of all 2 appropriate police departments and other law enforcement agencies 3 regarding the records that shall be sealed pursuant to this section. In 4 calculating the ten year period under this subdivision, any period of 5 time during which the person was incarcerated shall be excluded and such 6 ten year period shall be extended by a period equal to the time served 7 under such incarceration. 8 3. Sealing of records pursuant to subdivision two of this section 9 shall not apply to the records of any individual where such individual: 10 (a) is required to register as a sex offender pursuant to article 11 six-C of the correction law; 12 (b) has previously obtained sealing of the maximum number of 13 convictions allowable under section 160.58 of this article; 14 (c) has previously obtained sealing of the maximum number of 15 convictions allowable under subdivision two of this section; 16 (d) has an undisposed arrest or charge pending in New York state; 17 (e) was convicted of any crime in New York state after the date of the 18 entry of judgment of the last conviction for which sealing is sought; 19 (f) has been convicted of any crime in New York state that is not an 20 eligible offense; or 21 (g) has been convicted of more than two crimes in New York state. 22 4. Notwithstanding any other provisions of this section, an individ- 23 ual's records that have been sealed pursuant to this section shall be 24 made available to: 25 (a) such individual or such individual's designated agent; 26 (b) qualified agencies, as defined in subdivision nine of section 27 eight hundred thirty-five of the executive law, and federal and state 28 law enforcement agencies, when acting within the scope of their law 29 enforcement duties; 30 (c) any state or local officer or agency responsible for the issuance 31 of licenses to possess guns, when such individual has made an applica- 32 tion for such a license; 33 (d) any prospective employer of a police officer or peace officer, as 34 those terms are defined in subdivisions thirty-three and thirty-four of 35 section 1.20 of this chapter, in relation to such individual's applica- 36 tion for employment as a police officer or peace officer; provided, 37 however, that every such applicant for the position of police officer or 38 peace officer shall be furnished with a copy of all records obtained 39 under this paragraph and shall be afforded an opportunity to make an 40 explanation thereto; and 41 (e) the criminal justice information services division of the federal 42 bureau of investigation, for the purposes of responding to queries to 43 the national instant criminal background check system regarding attempts 44 to purchase or otherwise take possession of firearms, as defined in 18 45 USC 921 (a) (3). 46 5. In situations where sealing of an individual's records is required 47 under subdivision two of this section, but has not taken place, and such 48 individual or such individual's attorney presents to the office of 49 court administration fingerprint records from the division of criminal 50 justice services or a court disposition indicating that the period for 51 eligibility has been satisfied for an eligible conviction, within thirty 52 days of notice to the office of court administration, such individual's 53 records shall be sealed as set forth in subdivision two of this section. 54 6. No person shall be required or permitted to waive eligibility for 55 sealing pursuant to this section as part of a plea of guilty, sentence,S. 335 3 1 or any agreement related to a conviction for an eligible offense and 2 any such waiver shall be deemed void and wholly unenforceable. 3 § 2. Section 837 of the executive law is amended by adding a new 4 subdivision 23 to read as follows: 5 23. Annually publish on the division's website statistics regarding 6 the total number of convictions automatically sealed pursuant to section 7 160.57 of the criminal procedure law. 8 § 3. This act shall take effect immediately.
