•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A10951 Summary:

BILL NOA10951
 
SAME ASSAME AS S06492
 
SPONSORCruz
 
COSPNSR
 
MLTSPNSR
 
Amd §160.57, CP L
 
Makes technical corrections to the clean slate law to correct issues relating to multicategory conviction dockets and the conviction-specific supervision prohibitor.
Go to top

A10951 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10951
 
                   IN ASSEMBLY
 
                                     April 14, 2026
                                       ___________
 
        Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
          on Codes
 
        AN ACT to amend the criminal procedure law, in relation to making  tech-
          nical corrections to the clean slate law to correct issues relating to
          multicategory  conviction  dockets  and the conviction-specific super-
          vision prohibitor
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  (b)  of subdivision 1 of section 160.57 of the
     2  criminal procedure law, as added by chapter 631 of the laws of 2023,  is
     3  amended to read as follows:
     4    (b)  Criminal  convictions  shall  be  sealed upon satisfaction of the
     5  following conditions:
     6    (i) for a misdemeanor conviction, at least  three  years  have  passed
     7  from  the  defendant's  release  from incarceration or the imposition of
     8  sentence if there was no sentence of incarceration. If the defendant  is
     9  subsequently  convicted  of  a crime before a prior conviction is sealed
    10  pursuant to this  section,  the  calculation  of  time  for  such  prior
    11  conviction shall start upon the same date as the time calculation starts
    12  for the subsequent criminal conviction;
    13    (ii)  for  a  felony conviction, at least eight years have passed from
    14  the date the defendant was last  released  from  incarceration  for  the
    15  sentence  of  the conviction eligible for sealing or from the imposition
    16  of sentence if there was no sentence  of  incarceration.  A  defendant's
    17  detention for an alleged violation of parole or post-release supervision
    18  shall  not  interfere with the time calculation prescribed herein unless
    19  and until supervision is revoked resulting in the  defendant's  reincar-
    20  ceration. If the defendant is subsequently convicted of a crime before a
    21  prior  conviction is sealed pursuant to this section, the calculation of
    22  time for such prior conviction shall start upon the  same  date  as  the
    23  time calculation starts for the subsequent criminal conviction;
    24    (iii)  for  any  convictions  of infractions or noncriminal violations
    25  from a  docket  or  accusatory  instrument  from  which  other  criminal
    26  convictions  also  originated, all such other criminal convictions stem-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10779-01-5

        A. 10951                            2
 
     1  ming from such same  docket  or  accusatory  instrument  have  otherwise
     2  become eligible for sealing pursuant to this section;
     3    (iv) where all other criminal convictions stemming from the same dock-
     4  et  or  accusatory  instrument  are  also otherwise eligible for sealing
     5  pursuant to this section;
     6    (v) the defendant does not have a subsequent criminal  charge  pending
     7  in this state;
     8    [(iv)]  (vi)  the  defendant is not currently under the supervision of
     9  any probation or parole department  [for  the  conviction  eligible  for
    10  sealing];
    11    [(v)]  (vii)  the  conviction  is  not for an offense defined as a sex
    12  offense or sexually violent offense under  section  one  hundred  sixty-
    13  eight-a of the correction law;
    14    [(vi)]  (viii)  the  conviction  is  not  for a class A felony offense
    15  defined in the penal law, other than class A felony offenses defined  in
    16  article two hundred twenty of the penal law;
    17    [(vii)] (ix) the defendant is a natural person;
    18    [(viii)]  (x)  the  defendant does not have a subsequent felony charge
    19  pending in another jurisdiction that is not a felony charge  related  to
    20  reproductive  or  gender  affirming  care  or the possession of cannabis
    21  which would not constitute a felony in New York. This subparagraph shall
    22  apply if and  when  appropriate  federal  authorities  grant  access  to
    23  records  necessary  to query to effectuate the purposes of this subpara-
    24  graph in an automated manner; and
    25    [(ix)] (xi) the defendant does not have a subsequent felony conviction
    26  in another jurisdiction in the preceding eight years that is not a felo-
    27  ny conviction related to reproductive or gender affirming  care  or  the
    28  possession  of cannabis which would not constitute a felony in New York.
    29  This subparagraph shall apply if and when appropriate  federal  authori-
    30  ties  grant  access  to  records  necessary  to  query to effectuate the
    31  purposes of this subparagraph in an automated manner.
    32    § 2. This act shall take effect immediately.
Go to top