BILL NUMBER: S211A Revised 4/13/23
SPONSOR: MYRIE
 
TITLE OF BILL:
An act to amend the criminal procedure law, the executive law and the
correction law, in relation to automatic sealing of certain convictions
 
PURPOSE:
This bill will address some of the collateral consequences that follow a
criminal conviction by requiring the automatic sealing of records
pertaining to specified offenses.
 
SUMMARY OF PROVISIONS:
Section 1 amends the Criminal Procedure Law by adding a new section
160.57 regarding automatic sealing of some misdemeanor and felony
convictions in relation to natural persons, such as certain traffic
infractions and violations, pursuant to conditions as outlined in the
section.
This section sets forth requirements for the sealing process, including
marking various records in the possession of any state agency including
prosecutors' offices and law enforcement agencies as sealed, and giving
notification of such sealing to the Office of Court Administration, the
pertinent court of conviction and the heads of all relevant police and
sheriff departments.
This section prohibits the release of sealed records by various entities
pursuant to exceptions such as to the state or local officer or agency
responsible for the issuance of licenses to possess guns. As well as
some professional licenses including athletics training, dietetics and
nutrition, veterinary medicine, architect, engineer and ophthalmic
dispensing. This section does not require the destruction of DNA infor-
mation or DMV records.
Defendants cannot be required or permitted to waive eligibility for
sealing as part of a plea bargain and such waivers are declared void and
unenforceable. A prior conviction that was the basis of a disciplinary
proceeding may still be considered in an application for reconsideration
even if the conviction was later sealed under this section. A defendant
claiming to be aggrieved by a violation of the section shall have a
cause of action for damages, including punitive damages, and such other
remedies as may be appropriate. The Division of Human Rights shall also
have powers of enforcement in these matters.
Section 2 amends section 845-d of the Executive Law by adding a new
subdivision 4, which specifies that nothing in this section shall
authorize the division to provide criminal history information that is
sealed to any entity other than those explicitly authorized to receive
access to such information.
Section 3 amends section 837 of the Executive Law by adding three new
subdivisions 23, 24 and 25. Subdivision 23 requires the promulgation of
a standardized form for use by individuals to notify the Division of
Criminal Justice Services of the need to take requisite action for
related records. Subdivision 24 requires promulgation of a certification
process whereby individuals may access records. Subdivision 25 calls
for adoption, amendment, and rescission of such regulations as may be
necessary to effectuate provisions of the Criminal Procedure Law to
determine entities authorized to receive sealed records for purposes of
occupations that involve physical contact with children and vulnerable
persons.
Section 4 amends subdivision 16 of section 296 of the Executive Law to
make it an unlawful discriminatory practice for any person or entity to
make any inquiry about any arrest or criminal accusation of such indi-
vidual not then pending against that individual which was followed by a
termination of that criminal action or proceeding in favor of such Indi-
vidual in the case of a conviction which is sealed pursuant to the Crim-
inal Procedure Law section 160.57 in connection with licensing, housing
employment, volunteer positions or providing of credit or insurance to
such individual.
Section 5 amends section 9 of the Correction Law by requiring that an
individual's information concerning their conviction that is posted on a
website maintained by the department shall remain on such website no
longer than three years past the maximum sentence of imprisonment has
expired and at the conclusion of parole or post-release supervision.
Section 6 provides a severability clause.
Section 7 provides the effective date.
 
JUSTIFICATION:
Individuals who commit a crime and later pay their debt to society
should not be perpetually burdened by a criminal record. Having a crimi-
nal record impedes one's ability to obtain housing, secure work, and
participate fully in modern society. We cannot expect successful reha-
bilitation without providing these individuals with a way forward that
is not encumbered by their past mistakes. This act will allow for auto-
matic sealing of certain criminal records to clear that path.
 
LEGISLATIVE HISTORY:
S1553D of 2021-22: Passed Senate.
S8165 of 2019-20: Referred to Codes.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

Statutes affected:
S211: 845-d executive law, 837 executive law
S211A: 845-d executive law, 837 executive law