Bill Text: NY S03053 | 2019-2020 | General Assembly | Amended
Bill Title: Relates to a petition for expungement of records for certain juveniles convicted of a nonviolent offense after five years.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S03053 Detail]
Download: New_York-2019-S03053-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3053--A 2019-2020 Regular Sessions IN SENATE February 1, 2019 ___________ Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the criminal procedure law, in relation to petition for expungement of records for certain juveniles convicted of a nonviolent offense after five years 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 440.75 to read as follows: 3 § 440.75 Petition for expungement of records for certain juveniles 4 convicted of a nonviolent offense. 5 1. Any person who has been previously convicted as a juvenile of a 6 nonviolent offense, provided that an eligible offense shall not include 7 any sex offense as defined under subdivision two of section one hundred 8 sixty-eight-a of the correction law, may after the expiration of a peri- 9 od of five years from the date of his or her previous conviction, satis- 10 factory completion of his or her probation, parole, supervised release 11 and paid any fines imposed or restitution ordered, whichever is later, 12 may present a verified petition to the criminal term of the supreme 13 court in the county of conviction or the county court in the county of 14 conviction seeking an order that such conviction and all records and 15 information pertaining thereto be expunged pursuant to subdivision 16 forty-five of section 1.20 of this chapter. 17 2. For the purpose of this section the term "juvenile" shall mean a 18 person between the ages of seven and eighteen years of age. 19 3. (a) A copy of the petition for expungement together with a copy of 20 all supporting documents shall be served upon: 21 (i) the district attorney servicing the county of conviction; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09164-02-9S. 3053--A 2 1 (ii) the superintendent of the state police and the police department 2 in the jurisdiction of conviction; and 3 (iii) the judge or justice who imposed sentence or if not serving the 4 administrative or supervising judge in the jurisdiction where the 5 conviction was entered. 6 (b) Within ninety days of the filing of the petition, if there is no 7 objection from the law enforcement agencies notified or from those 8 offices or agencies required to be served, the court may grant an order 9 directing the clerk of the court and all relevant criminal justice and 10 law enforcement agencies to expunge all records of said disposition, 11 conviction, sentence and proceedings related thereto. When any law 12 enforcement agency makes a recommendation that the juvenile record 13 should not be expunged they must provide a written decision stating 14 reasons why such expungement is not compatible with the state's public 15 protection or best interest of society. 16 4. Every petition for expungement filed pursuant to this section shall 17 be verified under penalty of perjury and shall include: 18 (a) petitioner's date of birth; 19 (b) petitioner's date of arrest; 20 (c) the original indictment, superior court information or complaint; 21 (d) a certificate of disposition with the seal of the court from the 22 court of conviction; and 23 (e) the name of the judge or justice who imposed the sentence. 24 5. The deciding court may consider: 25 (a) the character of the petitioner, including what steps the peti- 26 tioner has taken since the time of the offense toward personal rehabili- 27 tation, including treatment, work, school, or other personal history 28 that demonstrates rehabilitation; 29 (b) the petitioner's criminal history; and 30 (c) the impact of expunging the records upon his or her rehabili- 31 tation, successful and productive reentry and reintegration into society 32 and on public safety. 33 6. The petitioner shall have the opportunity to appeal an unfavorable 34 determination. 35 7. This section shall apply to convictions which occurred prior to and 36 which are entered subsequent to the effective date of this section. 37 § 2. This act shall take effect immediately.
