Bill Text: NY A01029 | 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 69-0)
Status: (Passed) 2023-11-16 - signed chap.631 [A01029 Detail]
Download: New_York-2023-A01029-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1029--C 2023-2024 Regular Sessions IN ASSEMBLY January 13, 2023 ___________ Introduced by M. of A. CRUZ, PRETLOW, GONZALEZ-ROJAS, MEEKS, BURGOS, MAMDANI, WALKER, JACKSON, SEAWRIGHT, SIMON, DICKENS, HYNDMAN, EPSTEIN, ANDERSON, KELLES, BURDICK, GALLAGHER, CARROLL, SEPTIMO, L. ROSENTHAL, ZINERMAN, REYES, HEVESI, DARLING, AUBRY, MITAYNES, WEPRIN, LAVINE, JOYNER, BICHOTTE HERMELYN, JEAN-PIERRE, KIM, HUNTER, CLARK, RIVERA, BRONSON, GIBBS, DE LOS SANTOS, DAVILA, TAYLOR, COOK, VANEL, FAHY, TAPIA, CUNNINGHAM, GLICK, LUCAS, CHANDLER-WATERMAN, DINOWITZ, OTIS, ARDILA, BORES, O'DONNELL, RAGA, SHRESTHA, SHIMSKY, SIMONE, ALVAREZ, LEVENBERG, FORREST, ZACCARO, McDONALD, LEE, SOLAGES, STIRPE, LUPARDO, DILAN -- Multi-Sponsored by -- M. of A. RAMOS -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee 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." EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01987-06-3A. 1029--C 2 1 He also noted that the legislation in no way required the hiring of 2 someone with a criminal record but provided reasonable standards to be 3 applied when considering the employment of such an individual, and that 4 merely having a criminal record could not be the sole basis for denying 5 employment. While New York has made great strides in fighting discrimi- 6 nation - on the basis of many attributes, experiences, and circumstances 7 of New Yorkers - discrimination on the basis of past convictions still 8 persists. 9 Therefore, it is the intent of the legislature to further curb this 10 discrimination by sealing from public access the conviction records of 11 individuals for certain state convictions only after an individual has 12 satisfied their sentence and the required period of time has passed, 13 within which the individual has remained a law abiding citizen while 14 ensuring that this otherwise sealed conviction information will remain 15 accessible for law enforcement and other relevant and necessary 16 purposes. These relevant and necessary purposes include but are not 17 limited to determining suitability for licensing, employment and similar 18 activities where federal or state law requires a criminal background 19 check be performed prior to granting licenses to or employing individ- 20 uals in certain jobs, such as employment with children, elderly popu- 21 lations, or other vulnerable populations, as well as where federal or 22 state law authorizes a criminal background check to be performed prior 23 to the same type of employment or similar activity. 24 It is further the intent of the legislature that this legislation 25 shall not have any impact on, nor will it change the access to, informa- 26 tion regarding out of state or federal conviction information for law 27 enforcement purposes or any other person or entity, including prospec- 28 tive employers, accessing an individual's criminal history through crim- 29 inal background checks or through publicly accessible records. 30 § 2. The criminal procedure law is amended by adding a new section 31 160.57 to read as follows: 32 § 160.57 Automatic sealing of convictions. 33 1. Convictions for certain traffic infractions or a crime defined in 34 the laws of this state shall be sealed in accordance with this section 35 as follows: 36 (a) Convictions for subdivision one of section eleven hundred ninety- 37 two of the vehicle and traffic law shall be sealed after three years. 38 (b) Criminal convictions shall be sealed upon satisfaction of the 39 following conditions: 40 (i) for a misdemeanor conviction, at least three years have passed 41 from the defendant's release from incarceration or the imposition of 42 sentence if there was no sentence of incarceration. If the defendant is 43 subsequently convicted of a crime before a prior conviction is sealed 44 pursuant to this section, the calculation of time for such prior 45 conviction shall start upon the same date as the time calculation starts 46 for the subsequent criminal conviction; 47 (ii) for a felony conviction, at least eight years have passed from 48 the date the defendant was last released from incarceration for the 49 sentence of the conviction eligible for sealing or from the imposition 50 of sentence if there was no sentence of incarceration. A defendant's 51 detention for an alleged violation of parole or post-release supervision 52 shall not interfere with the time calculation prescribed herein unless 53 and until supervision is revoked resulting in the defendant's reincar- 54 ceration. If the defendant is subsequently convicted of a crime before 55 a prior conviction is sealed pursuant to this section, the calculationA. 1029--C 3 1 of time for such prior conviction shall start upon the same date as the 2 time calculation starts for the subsequent criminal conviction; 3 (iii) the defendant does not have a subsequent criminal charge pending 4 in this state; 5 (iv) the defendant is not currently under the supervision of any 6 probation or parole department for the conviction eligible for sealing; 7 (v) the conviction is not for an offense defined as a sex offense or 8 sexually violent offense under section one hundred sixty-eight-a of the 9 correction law; 10 (vi) the conviction is not for a class A felony offense defined in the 11 penal law, other than class A felony offenses defined in article two 12 hundred twenty of the penal law; 13 (vii) the defendant is a natural person; 14 (viii) the defendant does not have a subsequent felony charge pending 15 in another jurisdiction that is not a felony charge related to reproduc- 16 tive or gender affirming care or the possession of cannabis which would 17 not constitute a felony in New York. This subparagraph shall apply if 18 and when appropriate federal authorities grant access to records neces- 19 sary to query to effectuate the purposes of this subparagraph in an 20 automated manner; and 21 (ix) the defendant does not have a subsequent felony conviction in 22 another jurisdiction in the preceding eight years that is not a felony 23 conviction related to reproductive or gender affirming care or the 24 possession of cannabis which would not constitute a felony in New York. 25 This subparagraph shall apply if and when appropriate federal authori- 26 ties grant access to records necessary to query to effectuate the 27 purposes of this subparagraph in an automated manner. 28 (c) If, after the applicable period of time for the sealing of a 29 conviction has been satisfied, the conviction remains ineligible for 30 sealing pursuant to subparagraphs (iii), (iv), (viii) or (ix) of para- 31 graph (b) of this subdivision, the office of court administration shall 32 subsequently check for eligibility no less than quarterly and upon 33 subsequent checks, or the receipt of a form in accordance with paragraph 34 (dd) of subdivision two of section two hundred twelve of the judiciary 35 law, the conviction shall be sealed if all other conditions for sealing 36 under this section are satisfied. 37 (d) In accordance with all other applicable laws, rules, and regu- 38 lations regarding the scope, access, use, disclosure, confidentiality 39 and retention of criminal history information, records of convictions 40 sealed pursuant to this section including photographs, photographic 41 plates or proofs, palmprints, fingerprints or retina scans shall not be 42 accessed by or made available to any person or public or private agency, 43 except for: 44 (i) the defendant and such defendant's counsel; 45 (ii) any court, defense counsel or prosecutor for the purposes of a 46 pending criminal proceeding or proceedings brought in a criminal court 47 pursuant to article six-C of the correction law; 48 (iii) qualified agencies, as defined in subdivision nine of section 49 eight hundred thirty-five of the executive law, federal and state law 50 enforcement agencies, and interstate and international authorities as 51 defined in subdivision three of section two of the public authorities 52 law, when acting within the scope of their law enforcement duties; 53 (iv) the court, prosecutor, and defense counsel if the defendant 54 becomes a witness in a criminal proceeding; 55 (v) the court and parties if the defendant becomes a witness or party 56 in a civil proceeding;A. 1029--C 4 1 (vi) when an individual is a defendant in a criminal proceeding or 2 proceedings brought in a criminal court pursuant to article six-C of the 3 correction law and the sealed records of conviction of a third party are 4 integral to their defense. In such instances, use of sealed records of 5 conviction shall be requested upon ex parte motion in any superior 6 court, or in any district court, city court or the criminal court of the 7 city of New York provided that such court is where the action is pend- 8 ing. The applicant must demonstrate to the satisfaction of the court 9 that the records will be used for the purpose of this subparagraph; 10 (vii) individuals or entities that are required by a local law in 11 effect one year prior to the chapter of the laws of two thousand twen- 12 ty-three that added this section, a state law, or a federal law or regu- 13 lation to request and receive a fingerprint-based check of criminal 14 history information. Nothing herein shall prohibit the commissioner of 15 education or the office of school personnel review and accountability 16 from receiving or using convictions sealed pursuant to this section for 17 purposes of subdivisions seven, seven-a and seven-b of section three 18 hundred five of the education law; 19 (viii) individuals or entities that are authorized by a local law in 20 effect one year prior to the chapter of the laws of two thousand twen- 21 ty-three that added this section, a state law, or a federal law or regu- 22 lation to request and receive a fingerprint-based check of criminal 23 history information in relation to the individual's fitness to have 24 responsibility for the safety and well-being of children or adolescents, 25 elderly individuals, individuals with disabilities, or otherwise vulner- 26 able populations. The division of criminal justice services shall main- 27 tain an up to date list of citations of the local, state, and federal 28 statutes or federal regulations authorizing the access described herein; 29 (ix) any prospective employer of a police officer or peace officer as 30 those terms are defined in subdivisions thirty-three and thirty-four of 31 section 1.20 of this chapter, in relation to an application for employ- 32 ment as a police officer or peace officer, provided, however, that every 33 person who is an applicant shall be furnished with a copy of all records 34 obtained under this paragraph and afforded an opportunity to make an 35 explanation thereto; 36 (x) any federal, state or local officer or agency with responsibility 37 for the issuance of licenses to possess a firearm, rifle or shotgun or 38 with responsibility for conducting background checks before transfer or 39 sale of a firearm or explosive, when the officer or agency is acting 40 pursuant to such responsibility. This includes the criminal justice 41 information services division of the federal bureau of investigation, 42 for the purposes of responding to queries to the national instant back- 43 ground check system regarding attempts to purchase or otherwise take 44 possession of firearms, rifles or shotguns, as defined in 18 U.S.C. § 45 921 (A)(3); 46 (xi) for the purposes of civilian investigation or evaluation of a 47 civilian complaint or civil action concerning law enforcement or prose- 48 cution actions, upon ex parte motion in any superior court, or in any 49 district court, city court or the criminal court of the city of New York 50 provided that such court sealed the record; the applicant must demon- 51 strate to the satisfaction of the court that the records will be used 52 for the purposes of this subparagraph; 53 (xii) for information provided to an individual or entity pursuant to 54 paragraph (e) of subdivision four of section eight hundred thirty-seven 55 of the executive law or for bona fide research purposes provided all 56 identifying information is removed;A. 1029--C 5 1 (xiii) when an individual seeks to avail themselves of a public 2 program or benefit, including but not limited to an immigration benefit, 3 for which the sealed records of conviction of a third party are other- 4 wise authorized by law or legal process to be disclosed in furtherance 5 of their application for such program or benefit. In such instances, the 6 individual or their attorney shall request the use of sealed records 7 pursuant to a form as prescribed by the chief administrator of the 8 courts pursuant to paragraph (ee) of subdivision two of section two 9 hundred twelve of the judiciary law; 10 (xiv) for the purpose of collection of restitution, reparation, fines, 11 surcharges, or fees imposed. In such instances, use of sealed records 12 shall be requested upon ex parte motion in any superior court, or in any 13 district court, city court, town court, village court, or criminal court 14 of the city of New York provided that such court is where the action is 15 pending. The applicant must demonstrate to the satisfaction of the court 16 that the records will be used for the purpose of this subparagraph; 17 (xv) transportation network companies that are required or authorized 18 by state law to request criminal history information pursuant to section 19 sixteen hundred ninety-nine of the vehicle and traffic law; 20 (xvi) the state education department for the purposes of investigating 21 professional misconduct as defined in subparagraph (i) of paragraph (a) 22 of subdivision five of section sixty-five hundred nine of the education 23 law, consideration of restoration of a professional license pursuant to 24 section sixty-five hundred eleven of the education law, or determi- 25 nations for issuing a license to practice a profession or issuing 26 certificates and privileges for which prior licensure is required, for 27 the professions under articles one hundred thirty-one, one hundred thir- 28 ty-one-b, one hundred thirty-two, one hundred thirty-three, one hundred 29 thirty-four, one hundred thirty-five, one hundred thirty-six, one 30 hundred thirty-seven, one hundred thirty-nine, one hundred forty, one 31 hundred forty-one, one hundred forty-three, one hundred forty-four, one 32 hundred forty-five, one hundred forty-seven, one hundred forty-nine, one 33 hundred fifty-three, one hundred fifty-four, one hundred fifty-five, one 34 hundred fifty-six, one hundred fifty-seven, one hundred fifty-nine, one 35 hundred sixty, one hundred sixty-two, one hundred sixty-three, one 36 hundred sixty-four, and one hundred sixty-seven as such professions are 37 defined in title eight of the education law, provided that the state 38 education department certifies to the division of criminal justice 39 services that it is investigating an individual licensed to practice a 40 profession pursuant to article one hundred thirty of the education law 41 for professional misconduct as defined in paragraph (a) of subdivision 42 five of section sixty-five hundred nine of the education law, consider- 43 ing restoration of a professional license pursuant to section sixty-five 44 hundred eleven of the education law, or making a determination for issu- 45 ing a license to practice a profession or issuing certificates and priv- 46 ileges for which prior licensure is required as appropriate. Provided, 47 further, that the board of regents may consider any prior conviction 48 that formed the basis of a determination of the board of regents in a 49 disciplinary proceeding pursuant to section sixty-five hundred ten of 50 the education law and the rules and regulations promulgated pursuant 51 thereto in an application for reconsideration, even if such conviction 52 later becomes sealed pursuant to this section; and 53 (xvii) the office of mental health and the office for people with 54 developmental disabilities, where such agencies are statutorily author- 55 ized to receive such information, provided further, that such informa- 56 tion may also be made available for case review under section 10.05 ofA. 1029--C 6 1 the mental hygiene law, as well as to providers licensed, funded, desig- 2 nated, certified or otherwise authorized by the office of mental health 3 or the office for people with developmental disabilities, where such 4 information is included in the clinical record of any person under the 5 care of or receiving services from such provider or program. 6 (e) Where the sealing required by this section has not taken place, 7 including where supporting court records cannot be located or have been 8 destroyed, and a defendant or their attorney submits a valid form in 9 accordance with paragraph (dd) of subdivision two of section two hundred 10 twelve of the judiciary law of such fact to the office of court admin- 11 istration, such conviction shall be sealed as set forth in this subdivi- 12 sion within thirty days of the receipt of such form. 13 (f) The department of corrections and community supervision, in coor- 14 dination with the division of criminal justice services, shall provide 15 the office of court administration with the data necessary to determine 16 appropriate records to be sealed pursuant to this section, including but 17 not limited to (i) the date or dates of release from state incarceration 18 of individuals who have a sentence of incarceration for a felony 19 conviction, and (ii) the date or dates of initial parole or post-release 20 supervision and corresponding date or dates of discharge, as applicable. 21 (g) The chief administrative officer of each local correctional facil- 22 ity shall provide the office of court administration with the data 23 necessary to determine appropriate records to be sealed pursuant to this 24 section, including but not limited to the date or dates of release of 25 individuals who have satisfied a definite sentence of imprisonment. 26 2. Upon the sealing of a conviction pursuant to this section the 27 office of court administration shall immediately notify the division of 28 criminal justice services, the court of conviction, county clerks and 29 the heads of all appropriate police and sheriff departments, prosecu- 30 tors' offices and law enforcement agencies that the conviction is 31 sealed. Upon receipt of such notification, records of or relating to 32 such conviction shall be immediately sealed as follows: 33 (a) Every photograph of the defendant and photographic plates or 34 proof, and all palmprints, fingerprints and retina scans taken or made 35 of the defendant in regard to the sealed conviction, and all duplicates, 36 reproductions, and copies thereof, except a digital fingerprint that is 37 on file with the division of criminal justice services for a conviction 38 that has not been sealed pursuant to this section, shall be marked as 39 sealed by any entity notified under this subdivision having any such 40 photograph, photographic plate or proof, palmprint, fingerprints or 41 retina scan in its possession or under its control by conspicuously 42 indicating on the face of the record or at the beginning of the digi- 43 tized file of the record that the record has been designated as sealed. 44 (b) Every official record and paper and duplicates and copies thereof, 45 including, but not limited to, judgments and orders of a court but not 46 including published court decisions or opinions or records and briefs on 47 appeal, relating to the sealed conviction, on file with the entity noti- 48 fied under this subdivision shall be marked as sealed by conspicuously 49 indicating on the face of the record or at the beginning of the digi- 50 tized file of the record that the record has been designated as sealed. 51 (c) Entities subject to the requirements of this subdivision shall not 52 use or access such sealed information unless otherwise authorized pursu- 53 ant to this section or any other section of law. 54 (d) Nothing in this section shall be construed to interfere with the 55 applicable laws, rules and regulations requiring the division of crimi-A. 1029--C 7 1 nal justice services to administer and maintain criminal history records 2 as set forth in article thirty-five of the executive law. 3 3. (a) Nothing in this section requires the sealing or destruction of 4 DNA information maintained in the New York state DNA database, in 5 accordance with article forty-nine-B of the executive law, of an indi- 6 vidual whose conviction is sealed under this section. 7 (b) Nothing in this section requires the sealing or destruction of 8 records maintained by the department of motor vehicles, and nothing in 9 this section shall be construed to contravene the vehicle and traffic 10 law, the federal driver's privacy protection act (18 U.S.C 2721 et. 11 seq.), the REAL ID Act of 2005 (Public Law 109-13; 49 U.S.C. 30301 12 note), section 7209 of the Intelligence Reform and Terrorism Prevention 13 Act of 1986 (49 U.S.C. 31311), the Commercial Motor Vehicle Safety Act 14 of 1986 (Public Law 99-570; 49 U.S.C. 313), the Motor Carrier Safety 15 Improvement Act of 1999 (Public Law 106-159), or regulations promulgated 16 pursuant to any such chapter or act. 17 (c) The division of criminal justice services is authorized to 18 disclose a conviction that is sealed pursuant to this section to enti- 19 ties that are required by federal law, or by rules and regulations 20 promulgated by a self-regulatory organization created under federal law, 21 to consider sealed convictions. Such entities must certify to the divi- 22 sion that they are required by federal law, or by rules and regulations 23 promulgated by a self-regulatory organization that has been created 24 under federal law, to make an inquiry about or consider records sealed 25 pursuant to this section for purposes of employment, licensing, or 26 clearance. To the extent permitted by federal law, a record sealed 27 pursuant to this section may not be considered a conviction that would 28 prohibit the employment, licensing or clearance of the defendant. 29 (d) Nothing in this section shall prohibit entities required by feder- 30 al law to consider sealed convictions, or by rules and regulations 31 promulgated by a self-regulatory organization that has been created 32 under federal law, from making an inquiry about or considering an appli- 33 cant's criminal history for purposes of employment, licensing, or clear- 34 ance from inquiring into convictions sealed pursuant to this section. 35 (e) In any civil action, an official record of a conviction that has 36 been sealed pursuant to this section may not be introduced as evidence 37 of negligence against a person or entity that provided employment, 38 contract labor or services, volunteer work, licensing, tenancy, a home 39 purchase, a mortgage, an education, a loan, or insurance if such record 40 was sealed and was not provided to the person or entity by or on behalf 41 of a governmental entity in accordance with this section in response to 42 such person's or entity's authorized and timely request for conviction 43 history information. 44 (f) A person or entity described in this subdivision, acting reason- 45 ably and in good faith, may not have a duty to investigate the fact of a 46 prior conviction that has been sealed pursuant to this section. 47 4. No defendant shall be required or permitted to waive eligibility 48 for sealing pursuant to this section as part of a plea of guilty, 49 sentence or any agreement related to a conviction for a violation of the 50 laws of this state. Any such waiver is void and unenforceable. 51 5. Sealing as set forth in subdivision two of this section is without 52 prejudice to a defendant or their attorney seeking further relief pursu- 53 ant to article four hundred forty of this chapter. Nothing in this 54 section is intended or shall be interpreted to diminish or abrogate any 55 rights or remedies otherwise available to the defendant.A. 1029--C 8 1 6. The office of court administration shall make diligent efforts to 2 promptly seal all conviction records eligible for sealing under this 3 section where such convictions were entered on or before the effective 4 date of this section and, in any event, shall ensure sealing of such 5 convictions is complete no later than three years after such effective 6 date. 7 7. A conviction which is sealed pursuant to this section is included 8 within the definition of a conviction for the purposes of any criminal 9 proceeding in which the fact of a prior conviction would enhance a 10 penalty or is an element of the offense charged. 11 8. Nothing in this section shall be construed to permit sealing of a 12 conviction before the expiration or termination of a sentence of incar- 13 ceration, parole, probation, or post-release supervision for such 14 conviction. 15 9. Nothing in this section shall be construed to affect or invalidate 16 any active order of protection issued in relation to a conviction sealed 17 under this section. 18 10. Nothing in this section shall be construed to require or authorize 19 the discharge of the requirement to pay any restitution, reparation, 20 fines, surcharges, or fees imposed for a conviction sealed under this 21 section or the sealing of a criminal or civil proceeding for the 22 collection of any such amount due, unless such proceeding is otherwise 23 eligible for sealing under this section or any other provision of law. 24 § 3. Section 845-d of the executive law is amended by adding two new 25 subdivisions 4 and 5 to read as follows: 26 4. Nothing in this section shall authorize the division to provide 27 criminal history information that is sealed pursuant to section 160.57 28 of the criminal procedure law to an entity other than those authorized 29 by such section to receive such information. 30 5. Except as otherwise required by law, every entity that receives 31 criminal history information for civil purposes shall provide or ensure 32 the provision of a copy of such criminal history information to every 33 individual for whom such information is received with a copy of arti- 34 cle twenty-three-A of the correction law, and that such individual be 35 informed of their right to seek correction of any incorrect informa- 36 tion contained in such information pursuant to the regulations and 37 procedures established by the division of criminal justice services. 38 § 4. Subdivision 2 of section 212 of the judiciary law is amended by 39 adding two new paragraphs (dd) and (ee) to read as follows: 40 (dd) Promulgate a standardized form and process for individuals to 41 notify the office of court administration of convictions subject to 42 sealing under section 160.57 of the criminal procedure law, but for 43 which the office has not sealed or taken the requisite action for 44 related records. 45 (ee) Promulgate a standardized form and process for individuals 46 authorized to request sealed records pursuant to subparagraph (xiii) of 47 paragraph (d) of subdivision one of section 160.57 of the criminal 48 procedure law. 49 § 5. Subdivision 16 of section 296 of the executive law, as amended by 50 section 2 of subpart O of part II of chapter 55 of the laws of 2019, is 51 amended to read as follows: 52 16. It shall be an unlawful discriminatory practice, unless specif- 53 ically required or permitted by statute, for any person, agency, bureau, 54 corporation or association, including the state and any political subdi- 55 vision thereof, to make any inquiry about, whether in any form of appli- 56 cation or otherwise, or to act upon adversely to the individualA. 1029--C 9 1 involved, any arrest or criminal accusation of such individual not then 2 pending against that individual which was followed by a termination of 3 that criminal action or proceeding in favor of such individual, as 4 defined in subdivision two of section 160.50 of the criminal procedure 5 law, or by an order adjourning the criminal action in contemplation of 6 dismissal, pursuant to section 170.55, 170.56, 210.46, 210.47, or 215.10 7 of the criminal procedure law, or by a youthful offender adjudication, 8 as defined in subdivision one of section 720.35 of the criminal proce- 9 dure law, or by a conviction for a violation sealed pursuant to section 10 160.55 of the criminal procedure law or by a conviction which is sealed 11 pursuant to section 160.59 or 160.58 of the criminal procedure law, or 12 by a conviction which is sealed pursuant to section 160.57 of the crimi- 13 nal procedure law, except where such conviction record is accessed 14 pursuant to subparagraph (vii), (viii), or (xvi) of paragraph (d) of 15 subdivision one of section 160.57 of the criminal procedure law, in 16 connection with the licensing, housing, employment, including volunteer 17 positions, or providing of credit or insurance to such individual; 18 provided, further, that no person shall be required to divulge informa- 19 tion pertaining to any arrest or criminal accusation of such individual 20 not then pending against that individual which was followed by a termi- 21 nation of that criminal action or proceeding in favor of such individ- 22 ual, as defined in subdivision two of section 160.50 of the criminal 23 procedure law, or by an order adjourning the criminal action in contem- 24 plation of dismissal, pursuant to section 170.55 or 170.56, 210.46, 25 210.47 or 215.10 of the criminal procedure law, or by a youthful offen- 26 der adjudication, as defined in subdivision one of section 720.35 of the 27 criminal procedure law, or by a conviction for a violation sealed pursu- 28 ant to section 160.55 of the criminal procedure law, or by a conviction 29 which is sealed pursuant to section 160.58 or 160.59 of the criminal 30 procedure law, or by a conviction which is sealed pursuant to section 31 160.57 of the criminal procedure law, except where such conviction 32 record is accessed pursuant to subparagraph (vii), (viii), or (xvi) of 33 paragraph (d) of subdivision one of section 160.57 of the criminal 34 procedure law. An individual required or requested to provide informa- 35 tion in violation of this subdivision may respond as if the arrest, 36 criminal accusation, or disposition of such arrest or criminal accusa- 37 tion did not occur. The provisions of this subdivision shall not apply 38 to the licensing activities of governmental bodies in relation to the 39 regulation of guns, firearms and other deadly weapons or in relation to 40 an application for employment as a police officer or peace officer as 41 those terms are defined in subdivisions thirty-three and thirty-four of 42 section 1.20 of the criminal procedure law; provided further that the 43 provisions of this subdivision shall not apply to an application for 44 employment or membership in any law enforcement agency with respect to 45 any arrest or criminal accusation which was followed by a youthful 46 offender adjudication, as defined in subdivision one of section 720.35 47 of the criminal procedure law, or by a conviction for a violation sealed 48 pursuant to section 160.55 of the criminal procedure law, or by a 49 conviction which is sealed pursuant to section 160.58 or 160.59 of the 50 criminal procedure law, or by a conviction which is sealed pursuant to 51 section 160.57 of the criminal procedure law. For purposes of this 52 subdivision, an action which has been adjourned in contemplation of 53 dismissal, pursuant to section 170.55 or 170.56, 210.46, 210.47 or 54 215.10 of the criminal procedure law, shall not be considered a pending 55 action, unless the order to adjourn in contemplation of dismissal isA. 1029--C 10 1 revoked and the case is restored to the calendar for further prose- 2 cution. 3 § 6. Section 9 of the correction law, as added by section 2 of part OO 4 of chapter 56 of the laws of 2010, the section heading as amended by 5 chapter 322 of the laws of 2021, is amended to read as follows: 6 § 9. Access to information of incarcerated individuals via the inter- 7 net. Notwithstanding any provision of law to the contrary, any informa- 8 tion relating to the conviction of a person[, except for a person9convicted of an offense that would make such person ineligible for merit10time under section eight hundred three of this chapter or an offense for11which registration as a sex offender is required as set forth in subdi-12vision two or three of section one hundred sixty-eight-a of this chap-13ter,] that is posted on a website maintained by or for the department, 14 under article six of the public officers law, may be posted on such 15 website for a period not to exceed [five] three years after the expira- 16 tion of such person's sentence of imprisonment and at the conclusion of 17 any period of parole or post-release supervision[; provided, however,18that in the case of a person who has been committed to the department on19more than one occasion, the department may post conviction information20relating to any prior commitment on such website for a period not to21exceed five years after the expiration of such person's sentence of22imprisonment and any period of parole or post-release supervision aris-23ing from the most recent commitment to the department]. 24 § 7. The civil rights law is amended by adding a new section 50-g to 25 read as follows: 26 § 50-g. Disclosure of convictions sealed pursuant to section 160.57 of 27 the criminal procedure law. 1. Any person who has had a conviction 28 sealed pursuant to section 160.57 of the criminal procedure law may 29 bring a cause of action for damages against a party who, without consent 30 of such person, discloses such sealed conviction where: (a) the respond- 31 ent owed such person a duty of care pursuant to such section; (b) the 32 respondent knowingly and willfully breached such duty; (c) the disclo- 33 sure caused injury to such person; and (d) respondent's breach of that 34 duty was a substantial factor in the events that caused the injury 35 suffered by such person. The provisions of this section are in addition 36 to, but shall not supersede, any other rights or remedies available in 37 law or equity. 38 2. For purposes of this section, a party owes a duty of care to a 39 person who has had a conviction sealed pursuant to section 160.57 of the 40 criminal procedure law when the party is under an obligation pursuant to 41 subdivision two of such section to seal information, records, documents 42 or papers related to such conviction, or when the party obtains access 43 to records of such conviction for a specified purpose pursuant to para- 44 graph (d) of subdivision one, or subdivision three of such section. 45 § 8. Paragraph (a) of subdivision 1 of section 837-n of the executive 46 law, as added by chapter 3 of the laws of 1998, is amended to read as 47 follows: 48 (a) "Caregiver" shall mean a person employed to provide [fifteen or49more hours of] care [per week] to a child or children, or an elderly or 50 vulnerable adult in the home of such a child [or], children, or elderly 51 or vulnerable adult. 52 § 9. Severability. If any provision of this act or the application 53 thereof to any person, corporation or circumstances is held invalid, 54 such invalidity shall not affect other provisions or applications of the 55 act which can be given effect without the invalid provision or applica-A. 1029--C 11 1 tion, and to this end the provisions of this act are declared to be 2 severable. 3 § 10. This act shall take effect one year after it shall have become a 4 law. Effective immediately, the addition, amendment and/or repeal of 5 any rule or regulation necessary for the implementation of this act on 6 its effective date are authorized to be made and completed on or before 7 such date.
