Bill Text: NY S07551 | 2023-2024 | General Assembly | Amended
Bill Title: Provides for automatic sealing of certain convictions after a certain passage of time from either imposition of sentence, release from parole or probation, and if the defendant does not have a current charge pending; excludes certain offenses; permits access by certain persons.
Spectrum: Partisan Bill (Democrat 24-0)
Status: (Introduced) 2023-06-09 - SUBSTITUTED BY A1029C [S07551 Detail]
Download: New_York-2023-S07551-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7551--A 2023-2024 Regular Sessions IN SENATE June 5, 2023 ___________ Introduced by Sens. MYRIE, BAILEY, BROUK, COMRIE, COONEY, GIANARIS, GONZALEZ, GOUNARDES, JACKSON, KAVANAGH, MAY, RAMOS, RIVERA, RYAN, SEPULVEDA, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the criminal procedure law, the executive law, the correction law, the judiciary law and the civil rights law, in relation to automatic sealing of certain convictions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. Almost fifty years ago, New York 2 enacted anti-discrimination protections for individuals with a prior 3 criminal conviction. In his approval message, Governor Carey noted that 4 the expense and time involved in prosecuting and incarcerating an indi- 5 vidual is largely wasted "if upon the individual's return to society his 6 willingness to assume a law abiding and productive role is frustrated by 7 senseless discrimination" and further noted that providing a formerly 8 incarcerated individual "a fair opportunity for a job is a matter of 9 basic human fairness as well as one of the surest ways to reduce crime." 10 He also noted that the legislation in no way required the hiring of 11 someone with a criminal record but provided reasonable standards to be 12 applied when considering the employment of such an individual, and that 13 merely having a criminal record could not be the sole basis for denying 14 employment. While New York has made great strides in fighting discrimi- 15 nation - on the basis of many attributes, experiences, and circumstances 16 of New Yorkers - discrimination on the basis of past convictions still 17 persists. 18 Therefore, it is the intent of the legislature to further curb this 19 discrimination by sealing from public access the conviction records of 20 individuals for certain state convictions only after an individual has EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11746-03-3S. 7551--A 2 1 satisfied their sentence and the required period of time has passed, 2 within which the individual has remained a law abiding citizen while 3 ensuring that this otherwise sealed conviction information will remain 4 accessible for law enforcement and other relevant and necessary 5 purposes. These relevant and necessary purposes include but are not 6 limited to determining suitability for licensing, employment and similar 7 activities where federal or state law requires a criminal background 8 check be performed prior to granting licenses to or employing individ- 9 uals in certain jobs, such as employment with children, elderly popu- 10 lations, or other vulnerable populations, as well as where federal or 11 state law authorizes a criminal background check to be performed prior 12 to the same type of employment or similar activity. 13 It is further the intent of the legislature that this legislation 14 shall not have any impact on, nor will it change the access to, informa- 15 tion regarding out of state or federal conviction information for law 16 enforcement purposes or any other person or entity, including prospec- 17 tive employers, accessing an individual's criminal history through crim- 18 inal background checks or through publicly accessible records. 19 § 2. The criminal procedure law is amended by adding a new section 20 160.57 to read as follows: 21 § 160.57 Automatic sealing of convictions. 22 1. Convictions for certain traffic infractions or a crime defined in 23 the laws of this state shall be sealed in accordance with this section 24 as follows: 25 (a) Convictions for subdivision one of section eleven hundred ninety- 26 two of the vehicle and traffic law shall be sealed after three years. 27 (b) Criminal convictions shall be sealed upon satisfaction of the 28 following conditions: 29 (i) for a misdemeanor conviction, at least three years have passed 30 from the defendant's release from incarceration or the imposition of 31 sentence if there was no sentence of incarceration. If the defendant is 32 subsequently convicted of a crime before a prior conviction is sealed 33 pursuant to this section, the calculation of time for such prior 34 conviction shall start upon the same date as the time calculation starts 35 for the subsequent criminal conviction; 36 (ii) for a felony conviction, at least eight years have passed from 37 the date the defendant was last released from incarceration for the 38 sentence of the conviction eligible for sealing or from the imposition 39 of sentence if there was no sentence of incarceration. A defendant's 40 detention for an alleged violation of parole or post-release supervision 41 shall not interfere with the time calculation prescribed herein unless 42 and until supervision is revoked resulting in the defendant's reincar- 43 ceration. If the defendant is subsequently convicted of a crime before 44 a prior conviction is sealed pursuant to this section, the calculation 45 of time for such prior conviction shall start upon the same date as the 46 time calculation starts for the subsequent criminal conviction; 47 (iii) the defendant does not have a subsequent criminal charge pending 48 in this state; 49 (iv) the defendant is not currently under the supervision of any 50 probation or parole department for the conviction eligible for sealing; 51 (v) the conviction is not for an offense defined as a sex offense or 52 sexually violent offense under section one hundred sixty-eight-a of the 53 correction law; 54 (vi) the conviction is not for a class A felony offense defined in the 55 penal law, other than class A felony offenses defined in article two 56 hundred twenty of the penal law;S. 7551--A 3 1 (vii) the defendant is a natural person; 2 (viii) the defendant does not have a subsequent felony charge pending 3 in another jurisdiction that is not a felony charge related to reproduc- 4 tive or gender affirming care or the possession of cannabis which would 5 not constitute a felony in New York. This subparagraph shall apply if 6 and when appropriate federal authorities grant access to records neces- 7 sary to query to effectuate the purposes of this subparagraph in an 8 automated manner; and 9 (ix) the defendant does not have a subsequent felony conviction in 10 another jurisdiction in the preceding eight years that is not a felony 11 conviction related to reproductive or gender affirming care or the 12 possession of cannabis which would not constitute a felony in New York. 13 This subparagraph shall apply if and when appropriate federal authori- 14 ties grant access to records necessary to query to effectuate the 15 purposes of this subparagraph in an automated manner. 16 (c) If, after the applicable period of time for the sealing of a 17 conviction has been satisfied, the conviction remains ineligible for 18 sealing pursuant to subparagraphs (iii), (iv), (viii) or (ix) of para- 19 graph (b) of this subdivision, the office of court administration shall 20 subsequently check for eligibility no less than quarterly and upon 21 subsequent checks, or the receipt of a form in accordance with paragraph 22 (dd) of subdivision two of section two hundred twelve of the judiciary 23 law, the conviction shall be sealed if all other conditions for sealing 24 under this section are satisfied. 25 (d) In accordance with all other applicable laws, rules, and regu- 26 lations regarding the scope, access, use, disclosure, confidentiality 27 and retention of criminal history information, records of convictions 28 sealed pursuant to this section including photographs, photographic 29 plates or proofs, palmprints, fingerprints or retina scans shall not be 30 accessed by or made available to any person or public or private agency, 31 except for: 32 (i) the defendant and such defendant's counsel; 33 (ii) any court, defense counsel or prosecutor for the purposes of a 34 pending criminal proceeding or proceedings brought in a criminal court 35 pursuant to article six-C of the correction law; 36 (iii) qualified agencies, as defined in subdivision nine of section 37 eight hundred thirty-five of the executive law, federal and state law 38 enforcement agencies, and interstate and international authorities as 39 defined in subdivision three of section two of the public authorities 40 law, when acting within the scope of their law enforcement duties; 41 (iv) the court, prosecutor, and defense counsel if the defendant 42 becomes a witness in a criminal proceeding; 43 (v) the court and parties if the defendant becomes a witness or party 44 in a civil proceeding; 45 (vi) when an individual is a defendant in a criminal proceeding or 46 proceedings brought in a criminal court pursuant to article six-C of the 47 correction law and the sealed records of conviction of a third party are 48 integral to their defense. In such instances, use of sealed records of 49 conviction shall be requested upon ex parte motion in any superior 50 court, or in any district court, city court or the criminal court of the 51 city of New York provided that such court is where the action is pend- 52 ing. The applicant must demonstrate to the satisfaction of the court 53 that the records will be used for the purpose of this subparagraph; 54 (vii) individuals or entities that are required by a local law in 55 effect one year prior to the chapter of the laws of two thousand twen- 56 ty-three that added this section, a state law, or a federal law or regu-S. 7551--A 4 1 lation to request and receive a fingerprint-based check of criminal 2 history information. Nothing herein shall prohibit the commissioner of 3 education or the office of school personnel review and accountability 4 from receiving or using convictions sealed pursuant to this section for 5 purposes of subdivisions seven, seven-a and seven-b of section three 6 hundred five of the education law; 7 (viii) individuals or entities that are authorized by a local law in 8 effect one year prior to the chapter of the laws of two thousand twen- 9 ty-three that added this section, a state law, or a federal law or regu- 10 lation to request and receive a fingerprint-based check of criminal 11 history information in relation to the individual's fitness to have 12 responsibility for the safety and well-being of children or adolescents, 13 elderly individuals, individuals with disabilities, or otherwise vulner- 14 able populations. The division of criminal justice services shall main- 15 tain an up to date list of citations of the local, state, and federal 16 statutes or federal regulations authorizing the access described herein; 17 (ix) any prospective employer of a police officer or peace officer as 18 those terms are defined in subdivisions thirty-three and thirty-four of 19 section 1.20 of this chapter, in relation to an application for employ- 20 ment as a police officer or peace officer, provided, however, that every 21 person who is an applicant shall be furnished with a copy of all records 22 obtained under this paragraph and afforded an opportunity to make an 23 explanation thereto; 24 (x) any federal, state or local officer or agency with responsibility 25 for the issuance of licenses to possess a firearm, rifle or shotgun or 26 with responsibility for conducting background checks before transfer or 27 sale of a firearm or explosive, when the officer or agency is acting 28 pursuant to such responsibility. This includes the criminal justice 29 information services division of the federal bureau of investigation, 30 for the purposes of responding to queries to the national instant back- 31 ground check system regarding attempts to purchase or otherwise take 32 possession of firearms, rifles or shotguns, as defined in 18 U.S.C. § 33 921 (A)(3); 34 (xi) for the purposes of civilian investigation or evaluation of a 35 civilian complaint or civil action concerning law enforcement or prose- 36 cution actions, upon ex parte motion in any superior court, or in any 37 district court, city court or the criminal court of the city of New York 38 provided that such court sealed the record; the applicant must demon- 39 strate to the satisfaction of the court that the records will be used 40 for the purposes of this subparagraph; 41 (xii) for information provided to an individual or entity pursuant to 42 paragraph (e) of subdivision four of section eight hundred thirty-seven 43 of the executive law or for bona fide research purposes provided all 44 identifying information is removed; 45 (xiii) when an individual seeks to avail themselves of a public 46 program or benefit, including but not limited to an immigration benefit, 47 for which the sealed records of conviction of a third party are other- 48 wise authorized by law or legal process to be disclosed in furtherance 49 of their application for such program or benefit. In such instances, the 50 individual or their attorney shall request the use of sealed records 51 pursuant to a form as prescribed by the chief administrator of the 52 courts pursuant to paragraph (ee) of subdivision two of section two 53 hundred twelve of the judiciary law; 54 (xiv) for the purpose of collection of restitution, reparation, fines, 55 surcharges, or fees imposed. In such instances, use of sealed records 56 shall be requested upon ex parte motion in any superior court, or in anyS. 7551--A 5 1 district court, city court, town court, village court, or criminal court 2 of the city of New York provided that such court is where the action is 3 pending. The applicant must demonstrate to the satisfaction of the court 4 that the records will be used for the purpose of this subparagraph; 5 (xv) transportation network companies that are required or authorized 6 by state law to request criminal history information pursuant to section 7 sixteen hundred ninety-nine of the vehicle and traffic law; 8 (xvi) the state education department for the purposes of investigating 9 professional misconduct as defined in subparagraph (i) of paragraph (a) 10 of subdivision five of section sixty-five hundred nine of the education 11 law, consideration of restoration of a professional license pursuant to 12 section sixty-five hundred eleven of the education law, or determi- 13 nations for issuing a license to practice a profession or issuing 14 certificates and privileges for which prior licensure is required, for 15 the professions under articles one hundred thirty-one, one hundred thir- 16 ty-one-b, one hundred thirty-two, one hundred thirty-three, one hundred 17 thirty-four, one hundred thirty-five, one hundred thirty-six, one 18 hundred thirty-seven, one hundred thirty-nine, one hundred forty, one 19 hundred forty-one, one hundred forty-three, one hundred forty-four, one 20 hundred forty-five, one hundred forty-seven, one hundred forty-nine, one 21 hundred fifty-three, one hundred fifty-four, one hundred fifty-five, one 22 hundred fifty-six, one hundred fifty-seven, one hundred fifty-nine, one 23 hundred sixty, one hundred sixty-two, one hundred sixty-three, one 24 hundred sixty-four, and one hundred sixty-seven as such professions are 25 defined in title eight of the education law, provided that the state 26 education department certifies to the division of criminal justice 27 services that it is investigating an individual licensed to practice a 28 profession pursuant to article one hundred thirty of the education law 29 for professional misconduct as defined in paragraph (a) of subdivision 30 five of section sixty-five hundred nine of the education law, consider- 31 ing restoration of a professional license pursuant to section sixty-five 32 hundred eleven of the education law, or making a determination for issu- 33 ing a license to practice a profession or issuing certificates and priv- 34 ileges for which prior licensure is required as appropriate. Provided, 35 further, that the board of regents may consider any prior conviction 36 that formed the basis of a determination of the board of regents in a 37 disciplinary proceeding pursuant to section sixty-five hundred ten of 38 the education law and the rules and regulations promulgated pursuant 39 thereto in an application for reconsideration, even if such conviction 40 later becomes sealed pursuant to this section; and 41 (xvii) the office of mental health and the office for people with 42 developmental disabilities, where such agencies are statutorily author- 43 ized to receive such information, provided further, that such informa- 44 tion may also be made available for case review under section 10.05 of 45 the mental hygiene law, as well as to providers licensed, funded, desig- 46 nated, certified or otherwise authorized by the office of mental health 47 or the office for people with developmental disabilities, where such 48 information is included in the clinical record of any person under the 49 care of or receiving services from such provider or program. 50 (e) Where the sealing required by this section has not taken place, 51 including where supporting court records cannot be located or have been 52 destroyed, and a defendant or their attorney submits a valid form in 53 accordance with paragraph (dd) of subdivision two of section two hundred 54 twelve of the judiciary law of such fact to the office of court admin- 55 istration, such conviction shall be sealed as set forth in this subdivi- 56 sion within thirty days of the receipt of such form.S. 7551--A 6 1 (f) The department of corrections and community supervision, in coor- 2 dination with the division of criminal justice services, shall provide 3 the office of court administration with the data necessary to determine 4 appropriate records to be sealed pursuant to this section, including but 5 not limited to (i) the date or dates of release from state incarceration 6 of individuals who have a sentence of incarceration for a felony 7 conviction, and (ii) the date or dates of initial parole or post-release 8 supervision and corresponding date or dates of discharge, as applicable. 9 (g) The chief administrative officer of each local correctional facil- 10 ity shall provide the office of court administration with the data 11 necessary to determine appropriate records to be sealed pursuant to this 12 section, including but not limited to the date or dates of release of 13 individuals who have satisfied a definite sentence of imprisonment. 14 2. Upon the sealing of a conviction pursuant to this section the 15 office of court administration shall immediately notify the division of 16 criminal justice services, the court of conviction, county clerks and 17 the heads of all appropriate police and sheriff departments, prosecu- 18 tors' offices and law enforcement agencies that the conviction is 19 sealed. Upon receipt of such notification, records of or relating to 20 such conviction shall be immediately sealed as follows: 21 (a) Every photograph of the defendant and photographic plates or 22 proof, and all palmprints, fingerprints and retina scans taken or made 23 of the defendant in regard to the sealed conviction, and all duplicates, 24 reproductions, and copies thereof, except a digital fingerprint that is 25 on file with the division of criminal justice services for a conviction 26 that has not been sealed pursuant to this section, shall be marked as 27 sealed by any entity notified under this subdivision having any such 28 photograph, photographic plate or proof, palmprint, fingerprints or 29 retina scan in its possession or under its control by conspicuously 30 indicating on the face of the record or at the beginning of the digi- 31 tized file of the record that the record has been designated as sealed. 32 (b) Every official record and paper and duplicates and copies thereof, 33 including, but not limited to, judgments and orders of a court but not 34 including published court decisions or opinions or records and briefs on 35 appeal, relating to the sealed conviction, on file with the entity noti- 36 fied under this subdivision shall be marked as sealed by conspicuously 37 indicating on the face of the record or at the beginning of the digi- 38 tized file of the record that the record has been designated as sealed. 39 (c) Entities subject to the requirements of this subdivision shall not 40 use or access such sealed information unless otherwise authorized pursu- 41 ant to this section or any other section of law. 42 (d) Nothing in this section shall be construed to interfere with the 43 applicable laws, rules and regulations requiring the division of crimi- 44 nal justice services to administer and maintain criminal history records 45 as set forth in article thirty-five of the executive law. 46 3. (a) Nothing in this section requires the sealing or destruction of 47 DNA information maintained in the New York state DNA database, in 48 accordance with article forty-nine-B of the executive law, of an indi- 49 vidual whose conviction is sealed under this section. 50 (b) Nothing in this section requires the sealing or destruction of 51 records maintained by the department of motor vehicles, and nothing in 52 this section shall be construed to contravene the vehicle and traffic 53 law, the federal driver's privacy protection act (18 U.S.C 2721 et. 54 seq.), the REAL ID Act of 2005 (Public Law 109-13; 49 U.S.C. 30301 55 note), section 7209 of the Intelligence Reform and Terrorism Prevention 56 Act of 1986 (49 U.S.C. 31311), the Commercial Motor Vehicle Safety ActS. 7551--A 7 1 of 1986 (Public Law 99-570; 49 U.S.C. 313), the Motor Carrier Safety 2 Improvement Act of 1999 (Public Law 106-159), or regulations promulgated 3 pursuant to any such chapter or act. 4 (c) The division of criminal justice services is authorized to 5 disclose a conviction that is sealed pursuant to this section to enti- 6 ties that are required by federal law, or by rules and regulations 7 promulgated by a self-regulatory organization created under federal law, 8 to consider sealed convictions. Such entities must certify to the divi- 9 sion that they are required by federal law, or by rules and regulations 10 promulgated by a self-regulatory organization that has been created 11 under federal law, to make an inquiry about or consider records sealed 12 pursuant to this section for purposes of employment, licensing, or 13 clearance. To the extent permitted by federal law, a record sealed 14 pursuant to this section may not be considered a conviction that would 15 prohibit the employment, licensing or clearance of the defendant. 16 (d) Nothing in this section shall prohibit entities required by feder- 17 al law to consider sealed convictions, or by rules and regulations 18 promulgated by a self-regulatory organization that has been created 19 under federal law, from making an inquiry about or considering an appli- 20 cant's criminal history for purposes of employment, licensing, or clear- 21 ance from inquiring into convictions sealed pursuant to this section. 22 (e) In any civil action, an official record of a conviction that has 23 been sealed pursuant to this section may not be introduced as evidence 24 of negligence against a person or entity that provided employment, 25 contract labor or services, volunteer work, licensing, tenancy, a home 26 purchase, a mortgage, an education, a loan, or insurance if such record 27 was sealed and was not provided to the person or entity by or on behalf 28 of a governmental entity in accordance with this section in response to 29 such person's or entity's authorized and timely request for conviction 30 history information. 31 (f) A person or entity described in this subdivision, acting reason- 32 ably and in good faith, may not have a duty to investigate the fact of a 33 prior conviction that has been sealed pursuant to this section. 34 4. No defendant shall be required or permitted to waive eligibility 35 for sealing pursuant to this section as part of a plea of guilty, 36 sentence or any agreement related to a conviction for a violation of the 37 laws of this state. Any such waiver is void and unenforceable. 38 5. Sealing as set forth in subdivision two of this section is without 39 prejudice to a defendant or their attorney seeking further relief pursu- 40 ant to article four hundred forty of this chapter. Nothing in this 41 section is intended or shall be interpreted to diminish or abrogate any 42 rights or remedies otherwise available to the defendant. 43 6. The office of court administration shall make diligent efforts to 44 promptly seal all conviction records eligible for sealing under this 45 section where such convictions were entered on or before the effective 46 date of this section and, in any event, shall ensure sealing of such 47 convictions is complete no later than three years after such effective 48 date. 49 7. A conviction which is sealed pursuant to this section is included 50 within the definition of a conviction for the purposes of any criminal 51 proceeding in which the fact of a prior conviction would enhance a 52 penalty or is an element of the offense charged. 53 8. Nothing in this section shall be construed to permit sealing of a 54 conviction before the expiration or termination of a sentence of incar- 55 ceration, parole, probation, or post-release supervision for such 56 conviction.S. 7551--A 8 1 9. Nothing in this section shall be construed to affect or invalidate 2 any active order of protection issued in relation to a conviction sealed 3 under this section. 4 10. Nothing in this section shall be construed to require or authorize 5 the discharge of the requirement to pay any restitution, reparation, 6 fines, surcharges, or fees imposed for a conviction sealed under this 7 section or the sealing of a criminal or civil proceeding for the 8 collection of any such amount due, unless such proceeding is otherwise 9 eligible for sealing under this section or any other provision of law. 10 § 3. Section 845-d of the executive law is amended by adding two new 11 subdivisions 4 and 5 to read as follows: 12 4. Nothing in this section shall authorize the division to provide 13 criminal history information that is sealed pursuant to section 160.57 14 of the criminal procedure law to an entity other than those authorized 15 by such section to receive such information. 16 5. Except as otherwise required by law, every entity that receives 17 criminal history information for civil purposes shall provide or ensure 18 the provision of a copy of such criminal history information to every 19 individual for whom such information is received with a copy of arti- 20 cle twenty-three-A of the correction law, and that such individual be 21 informed of their right to seek correction of any incorrect informa- 22 tion contained in such information pursuant to the regulations and 23 procedures established by the division of criminal justice services. 24 § 4. Subdivision 2 of section 212 of the judiciary law is amended by 25 adding two new paragraphs (dd) and (ee) to read as follows: 26 (dd) Promulgate a standardized form and process for individuals to 27 notify the office of court administration of convictions subject to 28 sealing under section 160.57 of the criminal procedure law, but for 29 which the office has not sealed or taken the requisite action for 30 related records. 31 (ee) Promulgate a standardized form and process for individuals 32 authorized to request sealed records pursuant to subparagraph (xiii) of 33 paragraph (d) of subdivision one of section 160.57 of the criminal 34 procedure law. 35 § 5. Subdivision 16 of section 296 of the executive law, as amended by 36 section 2 of subpart O of part II of chapter 55 of the laws of 2019, is 37 amended to read as follows: 38 16. It shall be an unlawful discriminatory practice, unless specif- 39 ically required or permitted by statute, for any person, agency, bureau, 40 corporation or association, including the state and any political subdi- 41 vision thereof, to make any inquiry about, whether in any form of appli- 42 cation or otherwise, or to act upon adversely to the individual 43 involved, any arrest or criminal accusation of such individual not then 44 pending against that individual which was followed by a termination of 45 that criminal action or proceeding in favor of such individual, as 46 defined in subdivision two of section 160.50 of the criminal procedure 47 law, or by an order adjourning the criminal action in contemplation of 48 dismissal, pursuant to section 170.55, 170.56, 210.46, 210.47, or 215.10 49 of the criminal procedure law, or by a youthful offender adjudication, 50 as defined in subdivision one of section 720.35 of the criminal proce- 51 dure law, or by a conviction for a violation sealed pursuant to section 52 160.55 of the criminal procedure law or by a conviction which is sealed 53 pursuant to section 160.59 or 160.58 of the criminal procedure law, or 54 by a conviction which is sealed pursuant to section 160.57 of the crimi- 55 nal procedure law, except where such conviction record is accessed 56 pursuant to subparagraph (vii), (viii), or (xvi) of paragraph (d) ofS. 7551--A 9 1 subdivision one of section 160.57 of the criminal procedure law, in 2 connection with the licensing, housing, employment, including volunteer 3 positions, or providing of credit or insurance to such individual; 4 provided, further, that no person shall be required to divulge informa- 5 tion pertaining to any arrest or criminal accusation of such individual 6 not then pending against that individual which was followed by a termi- 7 nation of that criminal action or proceeding in favor of such individ- 8 ual, as defined in subdivision two of section 160.50 of the criminal 9 procedure law, or by an order adjourning the criminal action in contem- 10 plation of dismissal, pursuant to section 170.55 or 170.56, 210.46, 11 210.47 or 215.10 of the criminal procedure law, or by a youthful offen- 12 der adjudication, as defined in subdivision one of section 720.35 of the 13 criminal procedure law, or by a conviction for a violation sealed pursu- 14 ant to section 160.55 of the criminal procedure law, or by a conviction 15 which is sealed pursuant to section 160.58 or 160.59 of the criminal 16 procedure law, or by a conviction which is sealed pursuant to section 17 160.57 of the criminal procedure law, except where such conviction 18 record is accessed pursuant to subparagraph (vii), (viii), or (xvi) of 19 paragraph (d) of subdivision one of section 160.57 of the criminal 20 procedure law. An individual required or requested to provide informa- 21 tion in violation of this subdivision may respond as if the arrest, 22 criminal accusation, or disposition of such arrest or criminal accusa- 23 tion did not occur. The provisions of this subdivision shall not apply 24 to the licensing activities of governmental bodies in relation to the 25 regulation of guns, firearms and other deadly weapons or in relation to 26 an application for employment as a police officer or peace officer as 27 those terms are defined in subdivisions thirty-three and thirty-four of 28 section 1.20 of the criminal procedure law; provided further that the 29 provisions of this subdivision shall not apply to an application for 30 employment or membership in any law enforcement agency with respect to 31 any arrest or criminal accusation which was followed by a youthful 32 offender adjudication, as defined in subdivision one of section 720.35 33 of the criminal procedure law, or by a conviction for a violation sealed 34 pursuant to section 160.55 of the criminal procedure law, or by a 35 conviction which is sealed pursuant to section 160.58 or 160.59 of the 36 criminal procedure law, or by a conviction which is sealed pursuant to 37 section 160.57 of the criminal procedure law. For purposes of this 38 subdivision, an action which has been adjourned in contemplation of 39 dismissal, pursuant to section 170.55 or 170.56, 210.46, 210.47 or 40 215.10 of the criminal procedure law, shall not be considered a pending 41 action, unless the order to adjourn in contemplation of dismissal is 42 revoked and the case is restored to the calendar for further prose- 43 cution. 44 § 6. Section 9 of the correction law, as added by section 2 of part OO 45 of chapter 56 of the laws of 2010, the section heading as amended by 46 chapter 322 of the laws of 2021, is amended to read as follows: 47 § 9. Access to information of incarcerated individuals via the inter- 48 net. Notwithstanding any provision of law to the contrary, any informa- 49 tion relating to the conviction of a person[, except for a person50convicted of an offense that would make such person ineligible for merit51time under section eight hundred three of this chapter or an offense for52which registration as a sex offender is required as set forth in subdi-53vision two or three of section one hundred sixty-eight-a of this chap-54ter,] that is posted on a website maintained by or for the department, 55 under article six of the public officers law, may be posted on such 56 website for a period not to exceed [five] three years after the expira-S. 7551--A 10 1 tion of such person's sentence of imprisonment and at the conclusion of 2 any period of parole or post-release supervision[; provided, however,3that in the case of a person who has been committed to the department on4more than one occasion, the department may post conviction information5relating to any prior commitment on such website for a period not to6exceed five years after the expiration of such person's sentence of7imprisonment and any period of parole or post-release supervision aris-8ing from the most recent commitment to the department]. 9 § 7. The civil rights law is amended by adding a new section 50-g to 10 read as follows: 11 § 50-g. Disclosure of convictions sealed pursuant to section 160.57 of 12 the criminal procedure law. 1. Any person who has had a conviction 13 sealed pursuant to section 160.57 of the criminal procedure law may 14 bring a cause of action for damages against a party who, without consent 15 of such person, discloses such sealed conviction where: (a) the respond- 16 ent owed such person a duty of care pursuant to such section; (b) the 17 respondent knowingly and willfully breached such duty; (c) the disclo- 18 sure caused injury to such person; and (d) respondent's breach of that 19 duty was a substantial factor in the events that caused the injury 20 suffered by such person. The provisions of this section are in addition 21 to, but shall not supersede, any other rights or remedies available in 22 law or equity. 23 2. For purposes of this section, a party owes a duty of care to a 24 person who has had a conviction sealed pursuant to section 160.57 of the 25 criminal procedure law when the party is under an obligation pursuant to 26 subdivision two of such section to seal information, records, documents 27 or papers related to such conviction, or when the party obtains access 28 to records of such conviction for a specified purpose pursuant to para- 29 graph (d) of subdivision one, or subdivision three of such section. 30 § 8. Paragraph (a) of subdivision 1 of section 837-n of the executive 31 law, as added by chapter 3 of the laws of 1998, is amended to read as 32 follows: 33 (a) "Caregiver" shall mean a person employed to provide [fifteen or34more hours of] care [per week] to a child or children, or an elderly or 35 vulnerable adult in the home of such a child [or], children, or elderly 36 or vulnerable adult. 37 § 9. Severability. If any provision of this act or the application 38 thereof to any person, corporation or circumstances is held invalid, 39 such invalidity shall not affect other provisions or applications of the 40 act which can be given effect without the invalid provision or applica- 41 tion, and to this end the provisions of this act are declared to be 42 severable. 43 § 10. This act shall take effect one year after it shall have become a 44 law. Effective immediately, the addition, amendment and/or repeal of 45 any rule or regulation necessary for the implementation of this act on 46 its effective date are authorized to be made and completed on or before 47 such date.
