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- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Enacts the "Clear Your Good Name Act"; requires all state and municipal law enforcement agencies to expunge references to and records of voidable arrests
In Assembly Committee · Codes · Sponsor N. Nick Perry
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to enacting the "Clear Your Good Name Act" to require state and municipal law enforcement agencies to expunge voidable arrest records
Purpose
Enacts the "Clear Your Good Name Act"; requires all state and municipal law enforcement agencies to expunge references to and records of voidable arrests.
Summary of provisions
The criminal procedure law is amended by adding a new section § 160.65 to read as follows: Expungement of voidable arrest references and records. "Voidable Arrest" means any arrest resulting in: Release of the person without the filing of formal charges, dismissal of proceedings against the person, or a determination that the arrest was without probable cause. Any reference in any state or municipal law enforcement agency record of an arrest of a person living after the effective date of this section, and any state or municipal law enforcement agency record generated pursuant to that arrest, shall be expunged: Not later than thirty days after the date on which that arrest becomes a voidable arrest of a person living after the effective date of this section.
Justification
Many good, law abiding people are mistakenly arrested and then released after it is determined that they are innocent. In New York City alone, the prosecutors declined to prosecute approximately 12,500 people who were arrested. When this happens, arrest records can be created that may unfairly prejudice opportunities for schooling, employment, professional licenses and housing. These are innocent individuals who have done nothing wrong. There is no reason they should be marked for life.
The bill defines a "Voidable arrest" as any arrest resulting in the release of the person without the filing of formal charges, dismissal of proceedings against the person arrested, or a determination that the arrest was without probable cause. The bill would require expungement of certain state and municipal arrest records and under legislation pending in the US Congress, New York could be eligible for financial benefits if the congress enacts the bill. Utah, Missouri, Indiana and Louisiana currently have laws on the books to expunge voided arrest records.
Prior legislative history
2001-02: A.9307 2005-06: S.1180 2007-08: S.2483
Fiscal implications
To be determined.
Effective date
This act shall take effect on the first day of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.