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NY S00211
Bill
Status
1/4/2023
Primary Sponsor
Zellnor Myrie
Click for details
AI Summary
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Establishes automatic sealing of traffic infractions after three years and criminal convictions (misdemeanors after three years from sentencing, felonies after seven years) without requiring defendant petitions, provided no pending charges exist and defendant is not under probation or parole supervision.
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Excludes sex offenses and sexually violent offenses from automatic sealing and extends sealing timelines by periods equal to time served for incarceration of one year or more.
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Permits access to sealed records by law enforcement, courts, prosecutors, qualified agencies, schools, professional licensing boards, firearm licensing authorities, employers of police officers, and certain other entities specified by state or federal law.
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Prohibits entities from requiring individuals to divulge sealed convictions in employment, housing, credit, or insurance decisions, except for positions requiring fingerprint-based background checks or involving children and vulnerable persons as specified in law.
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Requires the Division of Criminal Justice Services to immediately notify courts, law enforcement, and prosecutors of sealed convictions; mandates sealing of all records within two years of enactment for convictions already eligible at that time.
Legislative Description
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.
Last Action
REFERRED TO CODES
1/3/2024