STATE OF NEW YORK
________________________________________________________________________
469
2023-2024 Regular Sessions
IN SENATE
January 4, 2023
___________
Introduced by Sens. SEPULVEDA, BRISPORT, RIVERA -- 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 the automatic
expungement of arrest 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 160.61 to read as follows:
3 § 160.61 Automatic expungement of records of arrest.
4 1. In any jurisdiction in which an arrest occurred where such arrest
5 is voidable, a court which had jurisdiction, or would have had jurisdic-
6 tion over the matter had such arrest not been voidable shall issue an
7 order expunging any and all records, pursuant to such arrest not later
8 than thirty days after the date on which such arrest becomes a voidable
9 arrest. For purposes of this subdivision, the term "voidable arrest"
10 means any arrest resulting in the following:
11 (a) the individual was released without the filing of formal charges;
12 (b) a determination was made that the arrest was without probable
13 cause; or
14 (c) the dismissal of proceedings against the individual.
15 2. (a) When an order is issued for the expungement of records pursuant
16 to this section, the heads of all appropriate police departments,
17 prosecutor's offices and law enforcement agencies shall be notified by
18 the court that all records of or relating to any such arrest be imme-
19 diately expunged as follows:
20 (i) every photograph of such person and photographic plate or proof,
21 and all palmprints, fingerprints and retina scans made of such person
22 pursuant to the provisions of this article, and all duplicates and
23 copies thereof, except a digital fingerprint image where authorized
24 pursuant to subparagraph (iv) of this paragraph, shall forthwith be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01571-01-3
S. 469 2
1 destroyed by any police department, prosecutor's office or law enforce-
2 ment agency having any such photograph, photographic plate, fingerprints
3 or retina scans under its possession or control;
4 (ii) any police department, prosecutor's office or law enforcement
5 agency, including the division of criminal justice services, which tran-
6 smitted or otherwise forwarded to any agency of the United States or any
7 other state or jurisdiction outside the state of New York copies of any
8 such photographs, photographic plates or proofs, palmprints, finger-
9 prints or retina scans shall forthwith formally inform such agency in
10 writing that the matter has been expunged and request in writing that
11 all such copies be destroyed or returned to any such department, office
12 or agency in the state of New York;
13 (iii) all official records and papers, including judgments for and
14 orders of a court but not including public court decisions or opinions
15 or records or briefs relating to the arrest, including any duplicates
16 and copies thereof on file with any court, police department,
17 prosecutor's office or law enforcement agency shall be marked as
18 expunged and sealed and not be made available to, or used for, any
19 purpose not explicitly authorized by law by any person or public or
20 private agency; and
21 (iv) where fingerprints subject to the provisions of this section have
22 been received by the division of criminal justice services and have been
23 filed by the division as digital images, such images may be retained,
24 provided that a fingerprint card of the individual is on file with the
25 division and was not expunged pursuant to this section.
26 (b) Notification of expungement shall be provided to the person whose
27 arrest was voidable and to his or her attorney of record, if any.
28 3. In any situation where automatic expungement and record destruction
29 have not taken place as required by this section, or where supporting
30 court records cannot be located or have been destroyed, an individual or
31 his or her attorney may submit a notification of such fact to a court
32 which had jurisdiction over the matter, or which would have had juris-
33 diction over such matter had the arrest not been voidable, and such
34 arrest records shall be expunged as set forth pursuant to this section.
35 4. A person who has received expungement of an arrest under this
36 section may respond to any employment inquiry as though the arrest did
37 not occur.
38 § 2. This act shall take effect on the one hundred eightieth day after
39 it shall have become a law.
