Bill Text: NY S06176 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires automatic sealing of certain misdemeanor records; provides exceptions thereto; requires the division of criminal justice services to publish statistics on automatic sealing of certain records.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S06176 Detail]

Download: New_York-2019-S06176-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6176

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 21, 2019
                                       ___________

        Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN ACT to amend the criminal procedure law and  the  executive  law,  in
          relation to automatic sealing of certain misdemeanor 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 160.57 to read as follows:
     3  § 160.57 Automatic sealing of certain misdemeanor records.
     4    1.  As  used in this section, "eligible offense" shall mean any misde-
     5  meanor crime defined in the laws of this state other than a sex  offense
     6  defined  in  article one hundred  thirty of the penal law, or an offense
     7  for which registration as a sex offender is required pursuant to article
     8  six-C of the correction law. For the purposes of this section, where  an
     9  individual  is  convicted of more than one eligible offense committed as
    10  part of the same  criminal transaction as defined in subdivision two  of
    11  section  40.10  of  this chapter, such  offenses shall be considered one
    12  eligible offense.
    13    2. Where an individual has been convicted in New York state of no more
    14  than two eligible offenses and ten years have passed since  the  imposi-
    15  tion  of  the sentence on an  individual's latest criminal conviction in
    16  New York state, or where such individual was sentenced to  a  period  of
    17  incarceration  for  such  offense,  including  a period of incarceration
    18  imposed in conjunction with a sentence of probation, upon such  individ-
    19  ual's release from incarceration, all official records and papers relat-
    20  ing  to  the  arrests,  prosecutions,  and convictions of such offenses,
    21  including all duplicates and copies thereof on file with the division of
    22  criminal justice services or any court, shall be  sealed  and  not  made
    23  available  to  any person or public or private agency except as provided
    24  in subdivision four of this   section; provided, however,  the  division
    25  shall  retain  any fingerprints, palmprints and  photographs, or digital

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11923-02-9
        S. 6176                             2

     1  images of the same. The commissioner of the division of criminal justice
     2  services shall immediately notify the office  of  court  administration,
     3  the  clerk  of  such  court  where the individual was convicted, and the
     4  heads  of  all appropriate police  departments and other law enforcement
     5  agencies regarding the records that shall be  sealed  pursuant  to  this
     6  section.
     7    3.  Sealing  of  records  pursuant  to subdivision two of this section
     8  shall not apply to the records of any individual where such individual:
     9    (a) is required to register as a  sex  offender  pursuant  to  article
    10  six-C of the correction law;
    11    (b)   has  previously  obtained  sealing  of  the  maximum  number  of
    12  convictions allowable under section 160.58 of this article;
    13    (c)  has  previously  obtained  sealing  of  the  maximum  number   of
    14  convictions allowable under subdivision two of this section;
    15    (d) has an undisposed arrest or charge pending in New York state;
    16    (e) was convicted of any crime in New York state after the date of the
    17  entry of judgment of the last conviction for which sealing is sought;
    18    (f)  has  been convicted of any crime in New York state that is not an
    19  eligible offense; or
    20    (g) has been convicted of more than two crimes in New York state.
    21    4. Notwithstanding any other provisions of this section,  an  individ-
    22  ual's  records  which have been sealed pursuant to this section shall be
    23  made available to:
    24    (a) such individual or such individual's designated agent;
    25    (b) qualified agencies, as defined  in  subdivision  nine  of  section
    26  eight  hundred  thirty-five  of the executive law, and federal and state
    27  law enforcement agencies, when acting within  the  scope  of  their  law
    28  enforcement duties;
    29    (c)  any state or local officer or agency responsible for the issuance
    30  of licenses to possess guns, when such individual has made  an  applica-
    31  tion for such a license;
    32    (d)  any prospective employer of a police officer or peace officer, as
    33  those terms are defined in subdivisions thirty-three and thirty-four  of
    34  section 1.20 of this chapter, in  relation to such individual's applica-
    35  tion  for  employment  as  a  police officer or peace officer; provided,
    36  however, that every such applicant for the position of police officer or
    37  peace officer shall be furnished with a copy  of  all  records  obtained
    38  under  this  paragraph and   shall be afforded an opportunity to make an
    39  explanation thereto; and
    40    (e) the criminal justice information services division of the  federal
    41  bureau  of  investigation,  for the purposes of responding to queries to
    42  the national instant criminal background check system regarding attempts
    43  to purchase or otherwise take possession of firearms, as defined  in  18
    44  USC 921 (a) (3).
    45    5.  In situations where sealing of an individual's records is required
    46  under subdivision two of this section, but has not taken place, and such
    47  individual or such   individual's attorney presents  to  the  office  of
    48  court  administration  fingerprint records from the division of criminal
    49  justice services or a court disposition indicating that the  period  for
    50  eligibility has been satisfied for an eligible conviction, within thirty
    51  days  of notice to the office of court administration, such individual's
    52  records shall be sealed as set forth in subdivision two of this section.
    53    6. No person shall be required or permitted to waive  eligibility  for
    54  sealing  pursuant to this section as part of a plea of guilty, sentence,
    55  or any agreement related to a conviction   for an eligible  offense  and
    56  any such waiver shall be deemed void and wholly unenforceable.
        S. 6176                             3

     1    §  2.  Section  837  of  the  executive law is amended by adding a new
     2  subdivision 22 to read as follows:
     3    22.  Annually  publish  on the division's website statistics regarding
     4  the total number of convictions automatically sealed pursuant to section
     5  160.57 of the criminal procedure law.
     6    § 3. This act shall take effect immediately.