Relates to orders of adjournment in contemplation of dismissal by mandating that judges seal certain records of defendants rather than giving judge's discretion for such an action; limits the total period of adjournment to 90 days.
STATE OF NEW YORK
________________________________________________________________________
7452
2025-2026 Regular Sessions
IN SENATE
April 16, 2025
___________
Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to orders of
adjournment in contemplation of dismissal and sealing of defendant
records
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 160.58 of the criminal procedure
2 law, as added by section 3 of part AAA of chapter 56 of the laws of
3 2009, is amended to read as follows:
4 1. A defendant convicted of any offense defined in article two hundred
5 twenty [or two hundred twenty-one] of the penal law or a specified
6 offense defined in subdivision five of section 410.91 of this chapter
7 who has successfully completed a judicial diversion program under arti-
8 cle two hundred sixteen of this chapter, or one of the programs hereto-
9 fore known as drug treatment alternative to prison or another judicially
10 sanctioned drug treatment program of similar duration, requirements and
11 level of supervision, and has completed the sentence imposed for the
12 offense or offenses, [is eligible to] shall have such offense or
13 offenses sealed pursuant to this section.
14 § 2. Subdivision 2 of section 160.58 of the criminal procedure law, as
15 added by section 3 of part AAA of chapter 56 of the laws of 2009, is
16 amended to read as follows:
17 2. The court that sentenced the defendant to a judicially sanctioned
18 drug treatment program [may on its own motion, or on the defendant's
19 motion,] shall order that all official records and papers relating to
20 the arrest, prosecution and conviction which resulted in the defendant's
21 participation in the judicially sanctioned drug treatment program be
22 conditionally sealed. In such case, the court may also conditionally
23 seal the arrest, prosecution and conviction records for no more than
24 [three] five of the defendant's prior [eligible] misdemeanors, [which
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08034-01-5
S. 7452 2
1 for purposes of this subdivision shall be limited to misdemeanor
2 offenses defined in article two hundred twenty or two hundred twenty-one
3 of the penal law. The court may only seal the records of the defend-
4 ant's arrests, prosecutions and convictions when] provided that a misde-
5 meanor for which registration as a sex offender is required shall not be
6 sealed pursuant to this section. The court may seal such records when:
7 (a) the sentencing court has requested and received from the division
8 of criminal justice services or the Federal Bureau of Investigation a
9 fingerprint based criminal history record of the defendant, including
10 any sealed or suppressed information. The division of criminal justice
11 services shall also include a criminal history report, if any, from the
12 Federal Bureau of Investigation regarding any criminal history informa-
13 tion that occurred in other jurisdictions. The division is hereby
14 authorized to receive such information from the Federal Bureau of Inves-
15 tigation for this purpose. The parties shall be permitted to examine
16 these records;
17 (b) the defendant or court has identified the misdemeanor conviction
18 or convictions for which relief may be granted;
19 (c) the court has received documentation that the sentences imposed on
20 the [eligible] misdemeanor convictions have been completed, or if no
21 such documentation is reasonably available, a sworn affidavit that the
22 sentences imposed on the prior misdemeanors have been completed; and
23 (d) the court has notified the district attorney of each jurisdiction
24 in which the defendant has been convicted of an offense with respect to
25 which sealing is sought, and the court or courts of record for such
26 offenses, that the court is considering sealing the records of the
27 defendant's [eligible] misdemeanor convictions. Both the district attor-
28 ney and the court shall be given a reasonable opportunity, which shall
29 not be less than thirty days, in which to comment and submit materials
30 to aid the court in making such a determination.
31 § 3. Subdivision 3 of section 160.58 of the criminal procedure law, as
32 added by section 3 of part AAA of chapter 56 of the laws of 2009, is
33 amended to read as follows:
34 3. At the request of the defendant or the district attorney of a coun-
35 ty in which the defendant committed a crime that is the subject of the
36 sealing application, the court [may] shall conduct a hearing to consider
37 and review any relevant evidence offered by either party that would aid
38 the court in its decision whether to seal the records of the defendant's
39 arrests, prosecutions and convictions. In making such [a] determination,
40 the court shall consider any relevant factors, including but not limited
41 to the following factors: (i) the circumstances [and seriousness] of the
42 offense or offenses that resulted in the conviction or convictions; (ii)
43 [the character of the defendant, including his or her] the defendant's
44 completion of the judicially sanctioned treatment program as described
45 in subdivision one of this section; (iii) the defendant's criminal
46 conviction history taking into account the time that has elapsed since
47 the occurrence of any conviction and the age of the defendant at the
48 time of such conviction; and (iv) the impact of sealing the defendant's
49 records upon [his or her] the defendant's rehabilitation and his or her
50 successful and productive reentry and reintegration into society, and on
51 public safety.
52 § 4. Subdivision 2 of section 170.55 of the criminal procedure law, as
53 amended by chapter 222 of the laws of 1994, is amended to read as
54 follows:
55 2. An adjournment in contemplation of dismissal is an adjournment of
56 the action without date ordered [with a view to ultimate] intended for
S. 7452 3
1 the dismissal of the accusatory instrument in furtherance of justice.
2 Upon issuing such an order, the court must release the defendant on
3 [his] the defendant's own recognizance. [Upon application of the
4 people, made at any time not more than six months, or in the case of a
5 family offense as defined in subdivision one of section 530.11 of this
6 chapter, one year, after the issuance of such order, the court may
7 restore the case to the calendar upon a determination that dismissal of
8 the accusatory instrument would not be in furtherance of justice, and
9 the action must thereupon proceed. If the case is not so restored within
10 such six months or one year period, the accusatory instrument is, at the
11 expiration of such period, deemed to have been dismissed by the court in
12 furtherance of justice.] At any time prior to dismissal the court may
13 modify the conditions or extend or reduce the term of adjournment,
14 except that the total period of adjournment shall not exceed ninety
15 days, or in the case of a family offense as defined in section 530.11 of
16 this chapter, the period of adjournment shall not be more than one year.
17 Upon violation of any condition fixed by the court, the court may revoke
18 its order and restore the case to the calendar and the prosecution may
19 proceed. If the case is not so restored to the calendar during the peri-
20 od fixed by the court, the accusatory instrument is, at the expiration
21 of such period, deemed to have been dismissed.
22 § 5. Section 170.56 of the criminal procedure law, as added by chapter
23 1042 of the laws of 1971, subdivision 1 as amended by chapter 92 of the
24 laws of 2021 and subdivision 3 as amended by chapter 905 of the laws of
25 1977, is amended to read as follows:
26 § 170.56 Adjournment in contemplation of dismissal in cases involving
27 marihuana.
28 1. Upon or after arraignment in a local criminal court upon an infor-
29 mation, a prosecutor's information or a misdemeanor complaint, where the
30 sole remaining count or counts charge a violation or violations of
31 former section 222.10, 222.15, 222.25, 222.30, 222.45 or 222.50 of the
32 penal law, or upon summons for a nuisance offense under section sixty-
33 five-c of the alcoholic beverage control law and before the entry of a
34 plea of guilty thereto or commencement of a trial thereof, the court,
35 upon motion of a defendant, may order that all proceedings be suspended
36 and the action adjourned in contemplation of dismissal, or upon a find-
37 ing that adjournment would not be necessary [or appropriate] and the
38 setting forth in the record of the reasons for such findings, may
39 dismiss in furtherance of justice the accusatory instrument[; provided,
40 however, that the court may not order such adjournment in contemplation
41 of dismissal or dismiss the accusatory instrument if: (a) the defendant
42 has previously been granted such adjournment in contemplation of
43 dismissal, or (b) the defendant has previously been granted a dismissal
44 under this section, or (c) the defendant has previously been convicted
45 of any offense involving controlled substances, or (d) the defendant has
46 previously been convicted of a crime and the district attorney does not
47 consent or (e) the defendant has previously been adjudicated a youthful
48 offender on the basis of any act or acts involving controlled substances
49 and the district attorney does not consent. Notwithstanding the limita-
50 tions set forth in this subdivision, the court may order that all
51 proceedings be suspended and the action adjourned in contemplation of
52 dismissal based upon a finding of exceptional circumstances. For
53 purposes of this subdivision, exceptional circumstances exist when,
54 regardless of the ultimate disposition of the case, the entry of a plea
55 of guilty is likely to result in severe or ongoing consequences, includ-
56 ing, but not limited to, potential or actual immigration consequences].
S. 7452 4
1 2. [Upon ordering the action adjourned in contemplation of dismissal,
2 the court must set and specify such conditions for the adjournment as
3 may be appropriate, and such conditions may include placing the defend-
4 ant under the supervision of any public or private agency. At any time
5 prior to dismissal the court may modify the conditions or extend or
6 reduce the term of the adjournment, except that the total period of
7 adjournment shall not exceed twelve months. Upon violation of any
8 condition fixed by the court, the court may revoke its order and restore
9 the case to the calendar and the prosecution thereupon must proceed. If
10 the case is not so restored to the calendar during the period fixed by
11 the court, the accusatory instrument is, at the expiration of such peri-
12 od, deemed to have been dismissed in the furtherance of justice.] An
13 adjournment in contemplation of dismissal is an adjournment of the
14 action without date ordered intended for the dismissal of the accusatory
15 instrument in furtherance of justice. Upon issuing such an order, the
16 court must release the defendant on the defendant's own recognizance.
17 At any time prior to dismissal the court may modify the conditions or
18 extend or reduce the term of adjournment, except that the total period
19 of adjournment shall not exceed ninety days. Upon violation of any
20 condition fixed by the court, the court may revoke its order and restore
21 the case to the calendar and the prosecution may proceed. If the case is
22 not so restored to the calendar during the period fixed by the court,
23 the accusatory instrument is, at the expiration of such period, deemed
24 to have been dismissed.
25 3. Upon or after dismissal of such charges against a defendant [not
26 previously convicted of a crime,] the court shall order that all offi-
27 cial records and papers, relating to the defendant's arrest and prose-
28 cution, whether on file with the court, a police agency, or the New York
29 state division of criminal justice services, be sealed and, except as
30 otherwise provided in paragraph (d) of subdivision one of section 160.50
31 of this chapter, not made available to any person or public or private
32 agency[; except, such records shall be made available under order of a
33 court for the purpose of determining whether, in subsequent proceedings,
34 such person qualifies under this section for a dismissal or adjournment
35 in contemplation of dismissal of the accusatory instrument].
36 4. Upon the granting of an order pursuant to subdivision three of this
37 section, the arrest and prosecution shall be deemed a nullity and the
38 defendant shall be restored, in contemplation of law, to the status [he]
39 the defendant occupied before [his] such arrest and prosecution.
40 § 6. This act shall take effect on the sixtieth day after it shall
41 have become a law.
