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Sponsors
1 Co-sponsor
History
- Print number 8208a
- Amend and recommit to rules
- Referred to rules
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S8208A
Title of bill
An act to amend the criminal procedure law, in relation to expungement of criminal records
Purpose or general idea of bill
To provide for an individual to petition to have eligible misdemeanors expunged from their records.
Summary of specific provision
Section 1. The criminal procedure law is amended by adding a new section 160.65 to read as follows:
Section 160.65 Expungement of arrest references and records.
Subsection 1. Defines which misdemeanors are ineligible for expungement.
Subsection 2. Defines requirements for eligibility of expungement
Subsection 3. Defines the process for petition of expungement
Subsection 4. Establishes that the district attorney where the crime was committed may request a hearing regarding the expungement of records.
Subsection 5. Defines the documents that will be expunged and the documents that will still remain on record following the court order.
Subsection 6. States clerk shall notify the commissioner of division of criminal justice services and any court that sentence the defendant for an offense that is being expunged.
Subsection 7. No expungement shall occur if petitioner has charges pending.
Justification
Individuals who commit non-violent misdemeanors and have served their time and have shown that they are rehabilitated should be able to expunge their records. Even misdemeanors can have a negative effect on employment opportunities and expungement would provide a clean slate for these individuals.
Prior legislative history
None.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.