Permits disclosure of arrest and prosecution records of applicants for employment in police departments and law enforcement agencies

3 Co-sponsors

• Tony Avella
• Andrew J. Lanza
• William J. Larkin Jr.

BILL NUMBER:S1423

Title of bill

An act to amend the criminal procedure law and the executive law, in relation to disclosure of arrest and prosecution records of applicants for employment by police departments and other law enforcement agencies

Purpose

To allow the disclosure of criminal histories of all applicants for employment by police departments and other law enforcement agencies.

Summary of provisions

This bill amends Criminal Procedure Law §§ 160.50(d) and 160.55 (d) as well as Executive Law Section 296 (16) to allow the disclosure of criminal histories of all applicants for employment by police departments and other law enforcement agencies. The amendments to the Criminal Procedure Law allow for unsealing of criminal histories for the purpose of investigating applicants for law enforcement positions. The companion amendment to the Executive Law removes as an unlawful discriminatory practice under Section 296 (16) inquiries made by a police department or law enforcement agency regarding the criminal history of an applicant for a position with such department or agency.

Justification

It is vitally important that police departments and other law enforcement agencies have the ability to conduct thorough background checks on potential employees. Current law provides an ability to do so when the applicant is a potential police officer or peace officer, pursuant to Criminal Procedure Law § 160.50(d). Law enforcement agencies may in that instance receive criminal histories that include sealed cases terminated in favor of the accused.

However, under current law, no such ability exists when the case was sealed under the provisions of Criminal Procedure Law § 160.55, after a conviction of a non-criminal offense. This anomalous result, where law enforcement is authorized to obtain records of sealed acquittals but not sealed convictions, must be corrected.

Further, in neither case are the records of potential civilian employees of law enforcement agencies made available. Employment by a police agency is by definition sensitive in nature. Civilian employees may have access to highly confidential information and, may occupy positions of trust, with the availability to take enforcement action or make decisions affecting agency operations and policy. police agencies are responsible for both conventional crime fighting and counter terrorism efforts, and it is vitally important that as much information be obtained about potential employees as possible, in al ranks and for all purposes, before a law enforcement agency entrusts them with responsibility for public safety.

Legislative history

2007-2008: S.4268A - Referred to Codes, Passed Senate 2009-2010: S.2101 - Referred to Codes

Fiscal implications

None.

Effective date

90 days after it shall have become law.