BILL NUMBER: S340
SPONSOR: BAILEY
 
TITLE OF BILL:
An act to amend the criminal procedure law and the executive law, in
relation to permitting the sealing of records of certain nonviolent
misdemeanor or non-sexual misdemeanor offenses
 
PURPOSE:
To allow the sealing of certain misdemeanor offenses.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill provides that the law shall be known as the
"Second Chance for Ex-offenders Act".
Section 2 of the bill, among other things, excludes certain misdemeanor
offenses as eligible misdemeanors for the purposes of conditional seal-
ing; lists certain sealing eligibility requirements; describes the
court's sealing process; and lists the agencies and individuals who will
have access to the sealed misdemeanor records.
Section 3 of the bill amends the executive law to include as an unlawful
discriminatory practice making an inquiry about any arrest or criminal
accusation which is sealed under the Second Chance for Ex-Offenders Act.
 
JUSTIFICATION:
A misdemeanor offense can follow a person for the rest of their life.
Even if the person has fully reformed and committed no further criminal
acts, the record still exists area often forms the basis for discrimi-
nation in employment or other areas. This bill would allow a person who
has been convicted of certain misdemeanor offenses to apply to the Court
to have their record sealed. The bill also authorizes unsealing the
sealed record if the individual is later convicted of a subsequent
offense.
 
EXISTING LAW:
While there is currently a process in place to seal certain offenses
relating to controlled substances, there exists no process for the seal-
ing of non-controlled substance misdemeanors.
 
LEGISLATIVE HISTORY:
2019-20: S.2191 - Referred to Codes
2021-22: S.3319 - Referred to Codes
2023-24: S970 - Referred to Codes
 
FISCAL IMPLICATIONS:
The state can anticipate additional revenue if this bill becomes law.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law and shall apply to all convictions occurring
prior to, on, and after the effective date.

Statutes affected:
S340: 296 executive law, 296(16) executive law