Bill Text: NY S04704 | 2017-2018 | General Assembly | Introduced

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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) 2018-01-03 - REFERRED TO CODES [S04704 Detail]

Download: New_York-2017-S04704-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4704
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 24, 2017
                                       ___________
        Introduced  by  Sen. SANDERS -- 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 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.
    16    2. For the purpose of this section the term "juvenile"  shall  mean  a
    17  person between the ages of seven and eighteen years of age.
    18    3.  (a) A copy of the petition for expungement together with a copy of
    19  all supporting documents shall be served upon:
    20    (i) the district attorney servicing the county of conviction;
    21    (ii) the superintendent of the state police and the police  department
    22  in the jurisdiction of conviction; and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02000-01-7
        S. 4704                             2
     1    (iii)  the judge or justice who imposed sentence or if not serving the
     2  administrative or  supervising  judge  in  the  jurisdiction  where  the
     3  conviction was entered.
     4    (b)  Within  ninety days of the filing of the petition, if there is no
     5  objection from the law  enforcement  agencies  notified  or  from  those
     6  offices  or agencies required to be served, the court may grant an order
     7  directing the clerk of the court and all relevant criminal  justice  and
     8  law  enforcement  agencies  to  expunge all records of said disposition,
     9  conviction, sentence and proceedings related  thereto.    When  any  law
    10  enforcement  agency  makes  a  recommendation  that  the juvenile record
    11  should not be expunged they must  provide  a  written  decision  stating
    12  reasons  why  such expungement is not compatible with the state's public
    13  protection or best interest of society.
    14    4. Every petition for expungement filed pursuant to this section shall
    15  be verified under penalty of perjury and shall include:
    16    (a) petitioner's date of birth;
    17    (b) petitioner's date of arrest;
    18    (c) the original indictment, superior court information or complaint;
    19    (d) a certificate of disposition with the seal of the court  from  the
    20  court of conviction; and
    21    (e) the name of the judge or justice who imposed the sentence.
    22    5. The deciding court may consider:
    23    (a)  the  character  of the petitioner, including what steps the peti-
    24  tioner has taken since the time of the offense toward personal rehabili-
    25  tation, including treatment, work, school,  or  other  personal  history
    26  that demonstrates rehabilitation;
    27    (b) the petitioner's criminal history; and
    28    (c)  the  impact  of  expunging  the records upon his or her rehabili-
    29  tation, successful and productive reentry and reintegration into society
    30  and on public safety.
    31    6. The petitioner shall have the opportunity to appeal an  unfavorable
    32  determination.
    33    7. This section shall apply to convictions which occurred prior to and
    34  which are entered subsequent to the effective date of this section.
    35    § 2. This act shall take effect immediately.