NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1607
SPONSOR: Anderson TITLE OF BILL:
An act to amend the executive law, in relation to establishing the
office of expungement within the division of criminal justice services
PURPOSE:
The purpose of this bill is to help facilitate the sealing and expunge-
ment of criminal convictions by requiring the division of criminal
justice services to establish an office to expressly oversee the sealing
and expungement of criminal convictions. The bill also requires the
division of criminal justice services to act as an advocate for those
with eligible convictions.
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill sets forth the definitions to be used in the new
law.
Section one also establishes the office itself as an entity within the
division of criminal justice services.
Finally, section one sets forth the duties and responsibilities of the
new office, which include (a) informing people (and their attorneys)
that an eligible conviction can be sealed and/or expunged, (b) ensuring
that all eligible convictions are sealed and/or expunged both accurately
and in a timely manner, and (c) acting as an advocate for those with
eligible convictions. The office shall also advise the executive and the
legislature on the impact of sealing and expunging criminal convictions.
Section two of the bill sets forth the effective date. EXISTING LAW:
The relevant provisions can be found in article 160 of the criminal
procedure law.
JUSTIFICATION:
This bill is meant to facilitate the implementation of the new sealing
and expungement provisions contained in A6399.
FISCAL IMPACT ON THE STATE:
To be determined.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2022 amending the criminal procedure law, the
executive law and the correction law, in relation to automatic expunge-
ment of certain convictions, as proposed in legislative bill number
A6399 of 2022, takes effect.
STATE OF NEW YORK
________________________________________________________________________
1607
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. ANDERSON, REYES, GONZALEZ-ROJAS, SIMON, FORREST
-- read once and referred to the Committee on Codes
AN ACT to amend the executive law, in relation to establishing the
office of expungement within the division of criminal justice services
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new section 837-x
2 to read as follows:
3 § 837-x. Office of expungement. 1. Definitions. As used in the
4 section, the following terms shall have the following meanings:
5 (a) "eligible conviction" shall mean a conviction which is eligible to
6 be sealed and/or expunged under section 160.50, 160.55, 160.57, 160.58
7 or 160.59 of the criminal procedure law.
8 (b) "office" shall mean the office of expungement as established by
9 this section.
10 2. Establishment of office. There is hereby established within the
11 division of criminal justice services the office of expungement which
12 shall oversee the sealing and/or expungement of all eligible
13 convictions.
14 3. Duties and responsibilities. The office shall:
15 (a) inform the defendant and such defendant's attorney that an eligi-
16 ble conviction can be sealed and/or expunged;
17 (b) ensure all eligible convictions are sealed and/or expunged accu-
18 rately and in a timely manner;
19 (c) act as an advocate for those with eligible convictions to get such
20 convictions sealed and/or expunged;
21 (d) advise the governor and the legislature on the impact of having
22 eligible convictions sealed and/or expunged; and
23 (e) develop standards, guidelines, and best practices for ensuring
24 accurate and timely sealing and/or expungement of eligible convictions.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03159-01-3
A. 1607 2
1 4. Other state agencies shall provide cooperation and assistance to
2 the office so as to assist it in the effective performance of its
3 duties.
4 § 2. This act shall take effect on the same date and in the same
5 manner as a chapter of the laws of 2023 amending the criminal procedure
6 law, the executive law and the correction law, in relation to automatic
7 sealing of certain convictions, as proposed in legislative bill number
8 S. 211, takes effect.
