S03384 Summary:

BILL NO    S03384 

SAME AS    No same as 

SPONSOR    HASSELL-THOMPSON

COSPNSR    

MLTSPNSR   

Add S160.65, CP L; amd S296, Exec L

Provides for the application for sealing a record of conviction; establishes
waiting periods for various convictions where such application may be made;
authorizes certain agencies to maintain records; may be unsealed at the time of
an arrest; prohibits the publication of sealed records; prohibits the waiver of
this section at plea.
Go to top

S03384 Actions:

BILL NO    S03384 

02/01/2013 REFERRED TO CODES
01/08/2014 REFERRED TO CODES
Go to top

S03384 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         3384

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                   February 1, 2013
                                      ___________

       Introduced  by  Sen. HASSELL-THOMPSON -- 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 applications for sealing a record of conviction

         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 160.65 to read as follows:
    3  S 160.65 SEALING RECORD OF CONVICTION; APPLICATION FOR.
    4    1.  A  PERSON  IS  ELIGIBLE  TO  APPLY TO SEAL A RECORD OF CONVICTION,
    5  SUBJECT TO THE PROVISIONS CONTAINED IN THIS SECTION, BY APPLICATION ON A
    6  FORM SPECIFICALLY DESIGNATED, SWORN TO  UNDER  PENALTY  OF  PERJURY  AND
    7  ACCOMPANIED BY A FEE OF NINETY-FIVE DOLLARS.
    8    2.  AN  APPLICANT  MUST  BE  DULY TERMINATED AND DISCHARGED FROM EVERY
    9  ASPECT OF THE  SENTENCE,  INCLUDING  INCARCERATION,  PROBATION,  PAROLE,
   10  CONDITIONAL  RELEASE,  POST-RELEASE  SUPERVISION, CONDITIONAL DISCHARGE,
   11  SEX OFFENDER REGISTRATION AND/OR ANY ORDER OF PROTECTION ON THIS OR  ANY
   12  OTHER  MATTER  AGAINST  THE  APPLICANT  MUST HAVE EXPIRED. THE FOLLOWING
   13  WAITING PERIODS APPLY TO APPLICATIONS UNDER THIS SECTION,  HOWEVER,  FOR
   14  GOOD  CAUSE SHOWN, THE COURT MAY SHORTEN A WAITING PERIOD. ATTENDANCE AT
   15  A DIVERSION PROGRAM WHICH DELAYED THE IMPOSITION  OF  THE  SENTENCE  MAY
   16  CONSTITUTE GOOD CAUSE, IN THE COURT'S DISCRETION.
   17    (A)  FOR  A PERSON WHO HAS BEEN CONVICTED OF ONE NON-CRIMINAL OFFENSE,
   18  THE WAITING PERIOD SHALL BE SIX MONTHS FROM THE DATE  OF  CONVICTION  OF
   19  SUCH OFFENSE.
   20    (B)  FOR A PERSON WHO HAS BEEN CONVICTED OF MORE THAN ONE NON-CRIMINAL
   21  OFFENSE ARISING FROM SEPARATE INCIDENCES, THE WAITING  PERIOD  SHALL  BE
   22  ONE YEAR FROM THE DATE OF CONVICTION OF THE LAST SUCH OFFENSE.
   23    (C)  FOR A PERSON WHO HAS BEEN CONVICTED OF A MISDEMEANOR, THE WAITING
   24  PERIOD SHALL BE ONE YEAR FROM THE DATE OF CONVICTION OF  SUCH  MISDEMEA-
   25  NOR.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06410-01-3
       S. 3384                             2

    1    (D)  FOR  A PERSON WHO HAS BEEN CONVICTED OF MORE THAN ONE MISDEMEANOR
    2  ARISING FROM SEPARATE INCIDENCES, THE  WAITING  PERIOD  SHALL  BE  THREE
    3  YEARS FROM THE DATE OF CONVICTION OF LAST SUCH MISDEMEANOR.
    4    (E) FOR A PERSON WHO HAS BEEN CONVICTED OF ONE NON-VIOLENT FELONY, THE
    5  WAITING  PERIOD  SHALL BE FIVE YEARS FROM THE DATE OF CONVICTION OF SUCH
    6  NON-VIOLENT FELONY.
    7    (F) FOR A PERSON WHO HAS BEEN CONVICTED OF MORE THAN  ONE  NON-VIOLENT
    8  FELONY ARISING FROM SEPARATE INCIDENCES, THE WAITING PERIOD SHALL BE TEN
    9  YEARS FROM THE DATE OF CONVICTION OF THE LAST NON-VIOLENT FELONY.
   10    (G) FOR A PERSON WHO HAS BEEN CONVICTED OF A VIOLENT FELONY, THE WAIT-
   11  ING  PERIOD  SHALL  BE TEN YEARS FROM THE DATE OF THE CONVICTION OF SUCH
   12  VIOLENT FELONY.
   13    (H) FOR A PERSON CONVICTED OF MORE THAN  ONE  VIOLENT  FELONY  ARISING
   14  FROM  SEPARATE INCIDENCES, THE WAITING PERIOD SHALL BE TWENTY YEARS FROM
   15  THE DATE OF CONVICTION OF THE LAST VIOLENT FELONY.
   16    3. AN APPLICATION FOR SEALING A RECORD OF CONVICTION SHALL BE MADE  TO
   17  THE  JUDGE  WHO  ORIGINALLY  SENTENCED  THE APPLICANT. IN THE EVENT SUCH
   18  JUDGE IS UNAVAILABLE, THE APPLICATION SHALL BE MADE TO A  SITTING  JUDGE
   19  IN  THE  COURT IN WHICH THE CONVICTION WAS ORDERED, AS DESIGNATED BY THE
   20  SUPERVISING OR ADMINISTRATIVE JUDGE OF THAT COURT. THE JUDGE  MAY  REFER
   21  AN  APPLICATION  UNDER  THIS SECTION TO A MAGISTRATE, WHO SHALL HAVE THE
   22  AUTHORITY TO GRANT SUCH AN APPLICATION IN  THE  CASE  OF  A  MISDEMEANOR
   23  CONVICTION  OR  A CONVICTION TO A NON-CRIMINAL OFFENSE. IN THE EVENT THE
   24  MAGISTRATE RECOMMENDS DENIAL OF AN APPLICATION RELATING TO A MISDEMEANOR
   25  OR NON-CRIMINAL OFFENSE, SUCH RECOMMENDATION SHALL BE MADE TO A JUDGE AS
   26  DESIGNATED IN THIS SECTION, WHO SHALL, UPON  REVIEWING  THE  RECORD  AND
   27  HEARING  THE APPLICANT, RULE ON THE APPLICATION. IN THE CASE OF A FELONY
   28  MATTER, THE MAGISTRATE MUST MAKE A RECOMMENDATION TO THE JUDGE REGARDING
   29  SUCH APPLICATION, STATING IN WRITING THE REASONS FOR THE RECOMMENDATION.
   30  THE JUDGE SHALL REVIEW THE RECORD AND SUCH RECOMMENDATION AND AFFORD THE
   31  APPLICANT AN OPPORTUNITY TO BE HEARD PRIOR TO RULING ON THE APPLICATION.
   32    4. AN APPLICATION PURSUANT TO THIS SECTION SHALL  BE  SWORN  TO  UNDER
   33  PENALTY OF PERJURY AND SHALL INCLUDE:
   34    (A) A LIST OF EACH OF THE PETITIONER'S CONVICTIONS IN NEW YORK STATE ,
   35  ANY CONVICTIONS IN ANY OTHER STATE OR IN FEDERAL COURT, THE SENTENCE FOR
   36  EACH  SUCH  CONVICTION  AND  THE  DATE  OF  THE  SENTENCE.  NON-CRIMINAL
   37  CONVICTIONS OUTSIDE NEW YORK STATE NEED NOT BE INCLUDED.
   38    (B) A STATEMENT AS TO THE TERMINATION OF EACH ASPECT OF  THE  SENTENCE
   39  FOR  EACH  OF  THE ABOVE-LISTED CONVICTIONS, INCLUDE THE DATES OF TERMI-
   40  NATION FROM PROBATION, PAROLE OR OTHER SUPERVISORY SENTENCES,  A  STATE-
   41  MENT  AS  TO  THE EXISTENCE OF ORDER OR ORDERS OF PROTECTION AND THE END
   42  DATE OF SUCH, AND A STATEMENT AS TO THE COMPLETION  OF  ANY  CONDITIONAL
   43  SENTENCES OR ANY OTHER CONDITIONS OF SENTENCE IMPOSED BY THE COURT OR BY
   44  LAW,  ALTHOUGH  THIS  SHALL NOT BE CONSTRUED TO REQUIRE A PERSON TO HAVE
   45  RESTORED DRIVING OR OTHER PRIVILEGES THAT HAVE BEEN LOST,  SUSPENDED  OR
   46  REVOKED DUE TO THE CONVICTION.
   47    (C) A DESCRIPTION OF THE NATURE AND CIRCUMSTANCES OF EACH CRIME LISTED
   48  IN PARAGRAPH (A) OF THIS SUBDIVISION.
   49    (D)  A DESCRIPTION OF THE  NATURE OF THE PETITIONER'S PERSONAL CIRCUM-
   50  STANCES SINCE THE CONVICTION, WHICH SHALL ESTABLISH THAT THE  PETITIONER
   51  IS ENTITLED TO THE RELIEF PROVIDED IN THIS SECTION.
   52    5.  THE APPLICATION FOR SEALING A RECORD OF CONVICTION SHALL BE SERVED
   53  UPON THE AGENCY THAT ORIGINALLY PROSECUTED THE CASE ON  TWENTY-ONE  DAYS
   54  NOTICE.    THE  PROSECUTING AGENCY MAY FILE AN ANSWER TO THE APPLICATION
   55  SEVEN DAYS PRIOR TO THE RETURN DATE OF THE MOTION. THE COURT  MAY  GRANT
   56  AN APPLICATION ON SUBMISSIONS IF THE PROSECUTING AGENCY DOES NOT FILE AN
       S. 3384                             3

    1  OPPOSITION.  IF  THERE IS OBJECTION, THE COURT MUST REVIEW THE ISSUES OF
    2  FACT AND LAW AND DETERMINE THE MERITS OF THE APPLICATION.
    3    6.  IN  THE  CASE OF NON-CRIMINAL CONVICTIONS, MISDEMEANOR CONVICTIONS
    4  AND NON-VIOLENT FELONY CONVICTIONS, THE COURT SHALL GRANT  THE  APPLICA-
    5  TION  UNLESS  SEALING  THE  RECORDS WILL HARM PUBLIC SAFETY OR WOULD NOT
    6  SERVE THE INTERESTS  OF  JUSTICE.  IN  THE  CASE  OF  A  VIOLENT  FELONY
    7  CONVICTION  OR A CONVICTION FOR A SEX OFFENSE, THE COURT SHALL NOT GRANT
    8  THE APPLICATION UNLESS THE APPLICANT HAS ESTABLISHED THAT HE OR SHE  HAS
    9  BEEN  ENTIRELY  REHABILITATED,  THAT  THE CRIME WAS AN ABERRATION IN THE
   10  APPLICANT'S LIFE, THAT IT IS NOT LIKELY TO RECUR  AND  THAT  IT  IS  NOT
   11  AGAINST  PUBLIC POLICY AND THE INTERESTS OF JUSTICE TO GRANT SUCH APPLI-
   12  CATION.
   13    7. IF THE COURT DEEMS IT NECESSARY, THE COURT MAY ORDER A REPORT AS TO
   14  THE  APPLICANT'S  BACKGROUND  AND  CIRCUMSTANCES  FROM  AN   INDEPENDENT
   15  CONSULTANT,  EXPERT  OR  AGENCY DEEMED QUALIFIED BY THE COURT TO PREPARE
   16  SUCH A REPORT.
   17    8. UPON THE REQUEST OF EITHER PARTY OR SUA  SPONTE,  THE  COURT  SHALL
   18  CONDUCT  A  HEARING  AS  TO  ANY  ISSUE OF FACT OR LAW OR IN THE COURT'S
   19  DISCRETION, MAY HEAR TESTIMONY OR ACCEPT  WRITTEN  SUBMISSIONS  RELATING
   20  THE  MERITS  OF  THE APPLICATION OR ANY MATTER DEEMED APPROPRIATE BY THE
   21  COURT IN FURTHERANCE OF DETERMINING THE MOTION. IN ANY SUCH HEARING, THE
   22  COURT SHALL NOT BE BOUND BY THE RULES OF EVIDENCE AND MAY ADMIT  HEARSAY
   23  TESTIMONY  WHICH  THE  COURT BELIEVES WILL SHED LIGHT ON THE APPLICANT'S
   24  CHARACTER AND ELIGIBILITY TO RECEIVE RELIEF UNDER THIS SECTION. HOWEVER,
   25  A DECISION TO GRANT OR DENY AN APPLICATION MAY NOT BE  BASED  SOLELY  ON
   26  HEARSAY OR OTHERWISE TRADITIONALLY INADMISSIBLE EVIDENCE.
   27    9.  A  DECISION  GRANTING OR DENYING AN APPLICATION UNDER THIS SECTION
   28  SHALL BE IN WRITING AND SHALL STATE THE REASONS FOR THE COURT'S  RULING,
   29  UNLESS  THE  COURT  GRANTS  THE APPLICATION WITHOUT OBJECTION OR WRITTEN
   30  RESPONSE BY THE PROSECUTOR, IN WHICH CASE THE COURT MAY ISSUE  AN  ORDER
   31  WITHOUT A WRITTEN DECISION.
   32    10.  THE COURT'S SEALING ORDER SHALL BE EFFECTIVE ON THE THIRTIETH DAY
   33  AFTER ISSUANCE OF THE ORDER, EXCEPT THAT A COURT MAY SHORTEN THAT PERIOD
   34  UPON GOOD CAUSE SHOW.
   35    11. UPON THE EFFECTIVE DATE OF A  SEALING  ORDER  BY  THE  COURT,  ALL
   36  STATE,  COUNTY  AND  LOCAL  GOVERNMENT  AND LAW ENFORCEMENT AGENCIES AND
   37  THEIR AGENTS AND CONTRACTORS MUST SEAL ANY RECORD RELATING TO THE SEALED
   38  CONVICTION, INCLUDING ANY AND ALL RECORDS RELATING TO THE ARREST  AND/OR
   39  DETENTION  OF  THE  APPLICANT.  EACH  AGENCY SHALL DESIGNATE A METHOD OF
   40  SAFEKEEPING DOCUMENTS AND COMPUTER RECORDS IN A MANNER  WHICH  WILL  NOT
   41  INDICATE  THAT  THERE  EVER  WAS A RECORD AS TO THE ARREST, DETENTION OR
   42  CONVICTION OF THE INDIVIDUAL. RECORDS SHALL BE UNSEALED ONLY PURSUANT TO
   43  COURT ORDER EXCEPT THAT THE FOLLOWING AGENCIES MAY MAINTAIN  RECORDS  IN
   44  THE FOLLOWING MANNER:
   45    (A)  THE  DEPARTMENT  OF  CRIMINAL  JUSTICE  SERVICES SHALL MAINTAIN A
   46  SEALED RECORD IN ITS DATABASE IN A MANNER THAT WILL NOT BE ACCESSIBLE TO
   47  ANYONE OTHER THAN LAW ENFORCEMENT AGENTS OR PROSECUTION AGENCIES IN  THE
   48  COURSE OF A CRIMINAL INVESTIGATION OR PROSECUTION, OR UPON A COURT ORDER
   49  OR  COURT-ORDERED  SUBPOENA  ORDERING RELEASE OF THE INFORMATION. IN THE
   50  EVENT THE APPLICANT  IS  ARRESTED  SUBSEQUENT  TO  THE  SEALING  OF  THE
   51  RECORDS,  THE  UNSEALED  RECORD  SHALL  BE INCLUDED IN THE DEPARTMENT OF
   52  CRIMINAL JUSTICE SERVICES "NYSID" SHEET THAT IS PRINTED OUT BASED ON THE
   53  APPLICANT'S FINGERPRINTS. A COURT, UPON DETERMINING IT IS IN THE  INTER-
   54  ESTS  OF  JUSTICE  TO  UNSEAL  SUCH A RECORD, SHALL ORDER ITS UNSEALING,
   55  WHICH SHALL ALLOW THE PROSECUTOR AND THE COURT TO UNSEAL THE RECORDS  OF
       S. 3384                             4

    1  THEIR AGENCY PERTAINING TO THAT ARREST. ANY SUCH UNSEALED FILES SHALL BE
    2  MADE AVAILABLE TO THE DEFENDANT AND HIS OR HER ATTORNEY.
    3    (B)  THE  DEPARTMENT  OF  CORRECTIONAL  SERVICES AND ALL LOCAL JAIL OR
    4  PRISON AGENCIES SHALL MAINTAIN SEALED RECORDS IN A MANNER THAT PRECLUDES
    5  THE PUBLIC FROM OBTAINING INFORMATION RELATING TO THE ARREST,  DETENTION
    6  OR  CONVICTION OF THE INDIVIDUAL WHOSE RECORD HAS BEEN SEALED, INCLUDING
    7  BUT NOT LIMITED TO REMOVAL FROM ALL PUBLICLY AVAILABLE DATABASES ON  THE
    8  INTERNET  AND  OTHERWISE. HOWEVER, SUCH AGENCIES SHALL MAINTAIN A RECORD
    9  OF INDIVIDUALS WHO HAVE BEEN IN CUSTODY WHICH SHALL BE KEPT BY A  CUSTO-
   10  DIAN  OF  THOSE RECORDS WITHIN THE AGENCY. IN THE EVENT THE INMATE SHALL
   11  BE READMITTED TO THE FACILITY, THE CUSTODIAN IS  AUTHORIZED  TO  RE-OPEN
   12  SUCH FILES, TO BE USED SOLELY FOR THE AGENCY'S OFFICIAL PURPOSES.
   13    12.  NOTHING IN THIS SECTION SHALL CHANGE THE SENTENCING PROVISIONS IN
   14  THE PENAL LAW. A SEALED RECORD, UNSEALED AT THE  TIME  OF  A  RE-ARREST,
   15  SHALL  CONTINUE  TO  QUALIFY AS A CONVICTION FOR SENTENCING PURPOSES AND
   16  MAY BE USED TO ESTABLISH AN ELEMENT OF A CRIME AS PROVIDED IN THE  PENAL
   17  LAW.
   18    13.  IT  SHALL  BE A CLASS A MISDEMEANOR TO PUBLISH INFORMATION, OTHER
   19  THAN AS DELINEATED IN PARAGRAPHS (A) AND (B) OF  SUBDIVISION  ELEVEN  OF
   20  THIS  SECTION, REGARDING THE ARREST, DETENTION OR CONVICTION OF AN INDI-
   21  VIDUAL WHOSE RECORD HAS BEEN SEALED. A PERSON AGGRIEVED BY  A  VIOLATION
   22  OF  THIS  SECTION  SHALL HAVE THE RIGHT TO INSTITUTE A CIVIL PROCEEDING,
   23  REGARDLESS OF WHETHER A CRIMINAL ACTION WAS COMMENCED.  A  PLAINTIFF  IS
   24  ENTITLED  TO  FIVE  HUNDRED  DOLLARS  FOR EACH OCCURRENCE ALONG WITH THE
   25  ACTUAL DAMAGES CAUSED BY THE  DISCLOSURE  OF  SUCH  SEALED  RECORD.  LAW
   26  ENFORCEMENT,  PROSECUTION OFFICIALS AND EMPLOYEES OF THE OFFICE OF COURT
   27  ADMINISTRATION SHALL HAVE A DEFENSE TO A CRIMINAL OR CIVIL ACTION  UNDER
   28  THIS SECTION IF THEY BELIEVED,IN GOOD FAITH, THAT THEY WERE PERMITTED OR
   29  REQUIRED  BY  LAW  TO  DISCLOSE  A  SEALED CONVICTION. THERE SHALL BE NO
   30  PROSECUTORIAL OR LAW ENFORCEMENT IMMUNITY UNDER  THIS  SECTION  FOR  ANY
   31  GOVERNMENT  OFFICIAL  WHO KNOWINGLY AND INTENTIONALLY PUBLISHES A SEALED
   32  RECORD WHICH SUCH OFFICIAL KNOWS TO HAVE BEEN SEALED UNDER THIS SECTION.
   33  IF A CONVICTION IS UNSEALED PURSUANT TO A NEW ARREST, THE PROVISIONS  OF
   34  THIS SUBDIVISION SHALL NOT APPLY.
   35    14.  AN APPLICATION TO UNSEAL A RECORD, WHICH HAS BEEN SEALED PURSUANT
   36  TO THIS SECTION, MAY BE GRANTED BY THE COURT IF IT IS  DETERMINED  THAT,
   37  IN  THE  INTERESTS  OF JUSTICE, THE INFORMATION REGARDING THE UNDERLYING
   38  CONVICTION SHOULD BE DISCLOSED. THERE SHALL BE A PRESUMPTION IN FAVOR OF
   39  UNSEALING A RECORD IF THE PERSON WHO IS SUBJECT TO THE SEALED RECORD  IS
   40  A  WITNESS IN A CRIMINAL CASE. AN APPLICATION UNDER THIS SUBDIVISION MAY
   41  BE MADE EITHER TO THE COURT THAT ORIGINALLY SENTENCED THE  DEFENDANT  IN
   42  THE  SEALED CASE OR MAY BE MADE TO THE COURT WHICH HAS JURISDICTION OVER
   43  ANY CASE IN NEW YORK IN WHICH THE SEALED RECORD MAY BE RELEVANT, INCLUD-
   44  ING THE CASE WHERE THE DEFENDANT ON THE SEALED CASE IS A  WITNESS  IN  A
   45  CIVIL, CRIMINAL OR OTHER COURT PROCEEDING.
   46    15. A SEALED CONVICTION SHALL NOT OPERATE AS A DISQUALIFICATION OF ANY
   47  PERSON  TO  PURSUE OR ENGAGE IN ANY LAWFUL ACTIVITY, OCCUPATION, PROFES-
   48  SION OR CALLING UNLESS SO ORDERED BY THE  COURT.  EXCEPT  WHERE  SPECIF-
   49  ICALLY  REQUIRED OR PERMITTED BY STATUTE OR UPON SPECIFIED AUTHORIZATION
   50  OF A SUPERIOR COURT, NO SUCH PERSON SHALL BE REQUIRED TO DIVULGE  INFOR-
   51  MATION  PERTAINING  TO THE SEALED RECORD. SUCH PERSON SHALL BE PERMITTED
   52  TO RESPOND IN THE NEGATIVE TO THE QUESTION "HAVE YOU EVER BEEN CONVICTED
   53  OF A CRIME OR VIOLATION?" OR TO ANY QUESTION WITH THE  SAME  SUBSTANTIVE
   54  CONTENT.
   55    16.  NON-GOVERNMENTAL  EMPLOYERS  ARE HEREINAFTER NOT PERMITTED TO ASK
   56  PROSPECTIVE APPLICANTS IF THEY HAVE BEEN ARRESTED OR IF THEY  HAVE  BEEN
       S. 3384                             5

    1  CONVICTED  OF  A  CRIME OR VIOLATION. PRIVATE CITIZENS AND EMPLOYERS ARE
    2  AUTHORIZED  TO  SEARCH  OFFICIAL   GOVERNMENT   RECORDS   FOR   CRIMINAL
    3  CONVICTIONS IN A MANNER CONSISTENT WITH THE LAW. IN THE EVENT AN EMPLOY-
    4  ER  SEARCHES THE CRIMINAL RECORD OF AN INDIVIDUAL, SUCH INDIVIDUAL SHALL
    5  BE PUT ON NOTICE, ORALLY OR IN WRITING, THAT SUCH SEARCH WILL OCCUR.
    6    17. ANY BUSINESS, AGENCY OR INDIVIDUAL WHO PURCHASES INDIVIDUAL CRIMI-
    7  NAL RECORDS OR DATABASES OF CRIMINAL  RECORDS  SHALL  NOT  DISCLOSE  ANY
    8  INFORMATION  AS TO A RECORD WHICH HAS BEEN SEALED SUBSEQUENT TO THE TIME
    9  THE DATA WAS OBTAINED. ANY AGENCY PROVIDING DATA TO  THE  PUBLIC  OR  TO
   10  PRIVATE BUSINESSES SHALL DEVELOP A SYSTEM WHEREBY ANY RECORD WHICH IS TO
   11  BE  RE-DISCLOSED  CAN BE EASILY AND QUICKLY CHECKED BY THE PERSON, BUSI-
   12  NESS OR ENTITY WHICH HAD OBTAINED THE RECORD BEFORE  IT  WAS  SEALED  TO
   13  DETERMINE  IF  THE  RECORD HAS BEEN SUBSEQUENTLY SEALED. NO GOVERNMENTAL
   14  AGENCY SHALL SELL ANY RECORDS WITHOUT  DEVELOPING  SUCH  A  SYSTEM.  ANY
   15  RECORD  SOLD  OR  PROVIDED  TO  AN  INDIVIDUAL, BUSINESS OR ENTITY SHALL
   16  CONTAIN THE FOLLOWING WARNING:
   17    YOU ARE NOT PERMITTED TO DISCLOSE THIS INFORMATION TO  ANYONE  WITHOUT
   18  FIRST  CHECKING  TO SEE IF THIS RECORD WAS SEALED AFTER YOU RECEIVED IT.
   19  IT IS UNLAWFUL TO DISCLOSE SEALED RECORDS. TO DETERMINE IF  THIS  RECORD
   20  HAS BEEN SEALED, CONTACT (INCLUDE AGENCY CONTACT INFORMATION HERE).
   21    18.  EITHER  PARTY  MAY APPEAL AS OF RIGHT FROM THE COURT'S ORDER. THE
   22  APPEALING PARTY MUST SERVE NOTICE OF  APPEAL  UPON  THE  COURT  AND  THE
   23  OPPOSING PARTY WITHIN THIRTY DAYS OF THE ISSUANCE OF THE COURT ORDER. IF
   24  THE  ORDER IS APPEALED BY THE PROSECUTOR, SUCH NOTICE OF APPEAL SHALL BE
   25  DEEMED A STAY OF THE ORDER TO SEAL THE  RECORDS.  THE  PROSECUTOR  SHALL
   26  PERFECT  THE  APPEAL WITHIN SIXTY DAYS, OR THE SEALING ORDER SHALL IMME-
   27  DIATELY TAKE EFFECT UNLESS THE COURT GRANTS AN EXTENSION OF THE TIME  TO
   28  PERFECT  THE  APPEAL UPON GOOD CAUSE SHOWN BY THE PROSECUTOR. THE APPEAL
   29  SHALL BE TAKEN TO THE SAME COURT TO WHICH THE  APPEAL  OF  THE  ORIGINAL
   30  CONVICTION COULD HAVE BEEN BROUGHT. THE STANDARD OF REVIEW AT THE INTER-
   31  MEDIARY APPELLATE COURT SHALL BE ABUSE OF DISCRETION. THE DECISION OF AN
   32  INTERMEDIARY APPELLATE COURT SHALL BE APPEALABLE TO THE COURT OF APPEALS
   33  UPON LEAVE OF THE COURT.
   34    19.  THE  RIGHT  TO  MAKE AN APPLICATION UNDER THIS SECTION MAY NOT BE
   35  WAIVED AT THE TIME A GUILTY PLEA IS ENTERED ON  ANY  CASE  IN  NEW  YORK
   36  STATE.
   37    S 2. Subdivision 16 of section 296 of the executive law, as separately
   38  amended  by section 3 of part N and section 14 of part AAA of chapter 56
   39  of the laws of 2009, is amended to read as follows:
   40    16. It shall be an unlawful discriminatory  practice,  unless  specif-
   41  ically required or permitted by statute, for any person, agency, bureau,
   42  corporation or association, including the state and any political subdi-
   43  vision thereof, to make any inquiry about, whether in any form of appli-
   44  cation  or  otherwise,  or  to  act  upon  adversely  to  the individual
   45  involved, any arrest or criminal accusation of such individual not  then
   46  pending  against  that individual which was followed by a termination of
   47  that criminal action or proceeding  in  favor  of  such  individual,  as
   48  defined  in  subdivision two of section 160.50 of the criminal procedure
   49  law, or by a youthful offender adjudication, as defined  in  subdivision
   50  one  of section 720.35 of the criminal procedure law, or by a conviction
   51  for a violation sealed pursuant to section 160.55 of the criminal proce-
   52  dure law or by a conviction which is sealed pursuant to  section  160.58
   53  of  the  criminal  procedure  law,  OR BY A CONVICTION FOR A CRIMINAL OR
   54  NON-CRIMINAL OFFENSE WHICH IS SEALED PURSUANT TO SECTION 160.65  OF  THE
   55  CRIMINAL  PROCEDURE LAW, in connection with the licensing, employment or
   56  providing of credit or insurance to such individual; provided,  further,
       S. 3384                             6

    1  that  no  person  shall be required to divulge information pertaining to
    2  any arrest or criminal accusation of such individual  not  then  pending
    3  against  that  individual  which  was  followed by a termination of that
    4  criminal action or proceeding in favor of such individual, as defined in
    5  subdivision two of section 160.50 of the criminal procedure law, or by a
    6  youthful offender adjudication, as defined in subdivision one of section
    7  720.35 of the criminal procedure law, or by a conviction for a violation
    8  sealed pursuant to section 160.55 of the criminal procedure law, or by a
    9  conviction  which  is  sealed pursuant to section 160.58 of the criminal
   10  procedure law, OR BY A CONVICTION FOR A CRIMINAL OR NON-CRIMINAL OFFENSE
   11  WHICH IS SEALED PURSUANT TO SECTION 160.65  OF  THE  CRIMINAL  PROCEDURE
   12  LAW. The provisions of this subdivision shall not apply to the licensing
   13  activities of governmental bodies in relation to the regulation of guns,
   14  firearms  and  other deadly weapons or in relation to an application for
   15  employment as a police officer or  peace  officer  as  those  terms  are
   16  defined  in subdivisions thirty-three and thirty-four of section 1.20 of
   17  the criminal procedure law; provided further that the provisions of this
   18  subdivision shall not apply to an application for employment or  member-
   19  ship  in any law enforcement agency with respect to any arrest or crimi-
   20  nal accusation which was followed by a youthful  offender  adjudication,
   21  as  defined  in subdivision one of section 720.35 of the criminal proce-
   22  dure law, or by a conviction for a violation sealed pursuant to  section
   23  160.55 of the criminal procedure law, or by a conviction which is sealed
   24  pursuant  to  section  160.58  of  the  criminal  procedure law, OR BY A
   25  CONVICTION FOR A CRIMINAL OR NON-CRIMINAL OFFENSE WHICH IS SEALED PURSU-
   26  ANT TO SECTION 160.65 OF THE CRIMINAL PROCEDURE LAW.
   27    S 3. This act shall take effect on the sixtieth  day  after  it  shall
   28  have become a law.
Go to top
Page display time = 0.1121 sec