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History
- Referred to finance
- Referred to finance
Full text
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Sponsor's memo
BILL NUMBER:S5101
Title of bill
An act to amend the executive law, in relation to authorizing the removal from the criminal history records of the division of criminal justice service of certain convictions of misdemeanors and violations which occurred 20 or more years in the past
Purpose
To allow a person to apply to have certain prior misdemeanor and violation convictions removed from division of criminal justice services records.
Summary of provisions
Section 1 of the bill adds new section 837-s to the Executive Law that would allow any person convicted of a misdemeanor or violation twenty or more years ago to make an application with the division of criminal justice services to remove from their criminal history records all information relating to such conviction provided that he or she has not been convicted of a either a felony, misdemeanor or violation prior to the application.
Section 2 of the bill contains the effective date.
Justification
A person convicted of a misdemeanor in his or her youth that has gone on to live a productive and crime free life should be able to expunge from their record maintained by the Division of Criminal Justice Service a misdemeanor conviction received more than twenty years ago. Such an individual should not have to go through a formal and costly court proceeding to expunge his or her record relating to a twenty year old misdemeanor conviction.
Legislative history
New bill.
Fiscal implications
Minimal fee for processing application to be offset by fees created by regulation.
Effective date
This act shall take effect on the one hundred twentieth day after it shall have become a law; provided, that, effective immediately, any rules and regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.