Bill Text: NY A02010 | 2021-2022 | General Assembly | Introduced

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Bill Title: Authorizes a person to petition for expungement of records of arrest, investigation, detention and computer databases in certain instances where such person may have been falsely arrested, whose case was dismissed, or where innocent.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to codes [A02010 Detail]

Download: New_York-2021-A02010-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2010

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2021
                                       ___________

        Introduced  by M. of A. AUBRY -- read once and referred to the Committee
          on Codes

        AN ACT to amend the criminal procedure law, in relation  to  expungement
          of criminal records and penalties for violation of such provisions

          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  §  160.65  Petition for expungement of records of arrest, investigation,
     4             detention and computer databases for the innocent,  dismissed
     5             cases, and the falsely arrested.
     6    1.  Any person who has been arrested with or without warrant may peti-
     7  tion the court in which the proceeding occurred or,  if  there  were  no
     8  court  proceeding,  any  court  in  the  jurisdiction  where  the arrest
     9  occurred, for an order expunging any and all records of arrest, investi-
    10  gation, computer databases, and records of detention  pursuant  to  that
    11  voidable  arrest  not later than thirty days after the date on which the
    12  arrest becomes a voidable arrest. Law enforcement agencies must  provide
    13  immediate  notification to a person when a record of detention or arrest
    14  is being generated on such person.   For purposes of  this  subdivision,
    15  the term "voidable arrest" means any arrest resulting in the following:
    16    (a) the person was released without the filing of formal charges;
    17    (b) a determination that the arrest was without probable cause; or
    18    (c) dismissal of proceedings against the person.
    19    2.    Any  person who knowingly fails to expunge or obliterate, or who
    20  releases information ordered expunged, is guilty of a class B  misdemea-
    21  nor.  A person, who, knowing the records are expunged, uses the informa-
    22  tion  for financial gain, or willful destruction of a person's character
    23  is guilty of a class D felony.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00528-01-1
        A. 2010                             2

     1    3. A person who has received  expungement  of  an  arrest  under  this
     2  section  may  respond to any employment inquiry as though the arrest did
     3  not occur.
     4    § 2. This act shall take effect on the one hundred eightieth day after
     5  it shall have become a law.