Permits the sealing of records of certain nonviolent misdemeanor or nonsexual misdemeanor criminal offenses

BILL NUMBER:S1609

Title of bill

An act to amend the criminal procedure law and the executive law, in relation to permitting the sealing of records of certain nonviolent misdemeanor or non-sexual misdemeanor offenses for persons whose convictions took place between the ages of 17 and 21

Purpose

To allow the sealing of certain misdemeanor offenses for which persons between the age of 17 and 21 were convicted.

Summary of provisions

Section 1 of the bill titles the new provision, the Second Chance for Ex-Youthful Offenders Act.

Section 2 of the bill: excludes certain misdemeanor offenses as eligible misdemeanors for the purposes of conditional sealing; lists certain sealing eligibility requirements; describes the court's sealing process; and lists the agencies and individuals which will have access to the sealed misdemeanor records.

Section 3 of the bill amends the executive law to include as an unlawful discriminatory Practice, making an inquiry about any arrest or criminal accusation which is sealed under the Second Chance for Ex-Offenders Act.

Justification

A misdemeanor offense can follow a person for the rest of his ox her life. Even if he or she has fully reformed and committed no further criminal acts, the record still exists and often forms the basis for discrimination in employment or other areas. For offenders who were convicted as minors however, their records are sealed. No such mechanism exists

This bill would allow a former youthful offender who has been convicted of certain misdemeanor offenses to apply to the Court to have their record sealed. The bill also authorizes unsealing the sealed record if the individual is later convicted of a subsequent offense.

Existing law

While there is currently a process in place to seal controlled substance felonies and misdemeanors, there exists no process for the sealing of non-violent or non-sexual misdemeanors for youthful offenders.

Legislative history

2011-12: 5.2892 - Referred to Codes Similar legislation S,1708-b of 2009-2010 allows the sealing under certain circumstances of adult offenders' records.

Fiscal implications

The state can anticipate additional revenue if this bill becomes law.

Effective date

This act shall take effect one hundred eightieth day after it shall have become a law and shall apply to all convictions occurring prior to, on, and after the effective date.