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NY S00340
Bill
Status
1/8/2025
Primary Sponsor
Jamaal Bailey
Click for details
AI Summary
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Allows individuals to petition for conditional sealing of up to three misdemeanor convictions, excluding sex offenses, if they have no felony convictions, are not on the sex offender registry, and have completed their sentence at least five years ago with no new convictions
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Requires the court to obtain fingerprint-based criminal history records from the Division of Criminal Justice Services and FBI, notify district attorneys of each jurisdiction where convictions occurred, and give them at least 30 days to submit comments
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Imposes a mandatory $80 conditional sealing fee, waived for indigent defendants, with funds deposited into the indigent legal services fund
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Sealed records remain accessible to law enforcement agencies, gun licensing authorities, and prospective employers of police or peace officers
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Automatically unseals records if the individual is subsequently arrested or charged with any misdemeanor or felony, though records may be resealed if the new charge results in dismissal or non-criminal conviction
Legislative Description
Permits the sealing of records of certain nonviolent misdemeanor or non-sexual misdemeanor criminal offenses; defines the term "eligible misdemeanor"; excludes certain misdemeanor offenses as eligible misdemeanors for the purposes of conditional sealing; lists certain eligibility requirements for sealing; provides an order granting sealing under this section shall restore the individual concerned, in the contemplation of the laws, to the status such individual occupied before the arrest or institution of criminal proceedings for the crime that was the subject of the sealing.
Last Action
REFERRED TO CODES
1/7/2026