Allows the second chance commission upon application to order upon termination of criminal action by conviction for certain offenses the sealing of all official records

BILL NUMBER:A9989

Title of bill

An act to amend the criminal procedure law, in relation to the sealing of certain criminal records

Purpose or general idea of bill

Permits individuals, who have success- fully demonstrated their rehabilitation, to have the records of certain non-violent, non-sexual convictions sealed. Successful participation in this program will help remove the stigma associated with a criminal conviction and, while protecting public safety and maintaining community trust in the criminal justice system, help reintegrate into society individuals convicted of certain crimes but who have demonstrated an ability to now live within the law.

Summary of specific provisions

Permits any eligible person, at least five years after they have completed a sentence resulting from a conviction, and who meet certain specified programmatic criteria, to apply to have all records relating to a covered prosecution or conviction sealed.

Eligible individuals are, specified as persons who have been convicted of no more" than two non-violent, non-sexual felonies involving the sale, distribution or possession of controlled substances and not more than two misdemeanors. The individual seeking to have their records sealed shall have complied with a Second Chance program approved by the Division Of Criminal Justice Services, said program to include at least one year of public service, and, where deemed necessary, the successful completion of an alcohol or substance treatment program and the attain- ment of a GED or high-school diploma, Persons convicted of murder, homi- cide, serious sex-related or violent felonies or of the sale of drugs to a child, are excluded from program eligibility.

The eligible applicant, having satisfactorily met all the requirements provided by the statute may apply to the Second Chance commission, to he comprised of individuals appointed by the Governor, the Senate Majority Leader, Speaker of the Assembly and two by the New York District Attor- ney's Association.

Material sealed may be made available only to the person's designated agent, designated law enforcement agencies,'a court with responsibility for the criminal adjudication of the individual, an agency with respon- sibility for the issuance of fire arms permits, and, with regard to an employment application, any governmental agency involved in the investi- gation or prosecution of criminal or civil statutes.

In the event that the person whose records have been sealed is subse- quently convicted of a misdemeanor or felony, the sealing order shall be automatically repealed and relevant records unsealed.

Justification

Currently there are thousands of New Yorkers behind bars in various correctional facilities. Upon release, unfortunately, many return to drugs and crime when they find it difficult to secure decent

jobs, obtain educational loans submitted in accordance with Assembly Rule III, Section I(e) and locate appropriate housing. The Second Chance program enacted by this proposal is designed to give people who have been convicted of a nonviolent felony or misdemeanor (e.g. drug or prop- erty offenses) an opportunity to rebuild their lives without the stigma of a public criminal record. In order to get this second chance, they must demonstrate that they can remain crime free.

Prior legislative history

2007-08: S.2811/A.4958, Passed Assembly in 2007 2005-06: S.2555/A.5335 2003-04: S.877/A.850 2001-02: S.2370/A.292 2000:S.7095/A.10053-A

Fiscal implications

To be determined,

Effective date

First of November next succeeding the date on which it shall become a law.