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NY A10710

Bill

Status

Introduced

6/13/2016

Primary Sponsor

Joseph Lentol

Click for details

Origin

Assembly

2015-2016 General Assembly

AI Summary

  • Creates a new sealing process for up to two eligible offenses (no more than one felony) under Criminal Procedure Law § 160.59, available after at least 10 years have passed since sentencing or release from incarceration.

  • Defines "eligible offense" to exclude sex offenses, violent felonies, Class A felonies, certain Article 125 offenses, and crimes requiring sex offender registration.

  • Requires defendants to file applications with the sentencing judge containing certificates of disposition, sworn statements, and reasons for sealing; district attorney has 45 days to object.

  • Directs courts to summarily deny applications if defendant is a sex offender registrant, has pending charges, committed crimes after the latest conviction, or previously obtained maximum sealing allowed.

  • Requires courts to exclude references to "undisposed cases" (criminal actions with no final disposition for at least 5 years) from criminal history record searches, except for law enforcement, qualified agencies, and firearm licensing purposes.

  • Amends Executive Law § 296 to prohibit discrimination based on convictions sealed under § 160.59, except for gun licensing and law enforcement employment decisions.

  • Authorizes the Division of Criminal Justice Services to seal records of actions terminated in the defendant's favor between September 1, 1976 and November 1, 1991, and certain traffic/violation convictions between September 1, 1980 and November 1, 1991.

  • Effective date: 180 days after enactment, with defendants eligible to request sealing for offenses committed before or after the effective date.

Legislative Description

Relates to the sealing of certain convictions; defines terms; relates to criminal history record searches and references to undisposed cases; directs the commissioner of criminal justice services to direct that certain records of any action or proceeding terminated be sealed; makes related provisions.

Last Action

ordered to third reading rules cal.479

6/16/2016

Committee Referrals

Rules6/15/2016
Codes6/13/2016

Full Bill Text

No bill text available