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

Summary of provisions

Section 1 of the bill amends Criminal Procedure Law section 160.50(1)(d) to provide that criminal records sealed pursuant to this section shall be made available to a police department or law enforcement agency when an employment application has been made by the person accused of criminal activity. Any records obtained must also be provided to the applicant and the applicant shall be afforded the opportunity to provide an explanation.

Section 2 of the bill amends Criminal Procedure Law section 160.55(1)(d) to provide that criminal records sealed pursuant to this section shall be made available to a police department or law enforcement agency when an employment application has been made by the person accused of criminal activity. Any records obtained must also be provided to the applicant and the applicant shall be afforded the opportunity to provide an explanation.

Section 3 of the bill amends Executive Law section 296(16), which is the Human Rights Law, to provide that it shall not be an unlawful discriminatory practice to for a police department or law enforcement inquire about a criminal accusation or arrest of an applicant that is not followed by a youthful offender adjudication or sealed pursuant to Criminal procedure Law sections 160.55 or 160.58.

Section 4 of the bill amends Criminal Procedure Law section 160.58 regarding sealed convictions for marihuana and certain controlled substances to allow disclosure to police departments and law enforcement agencies in relation to an application for employment.

Section 5 of the bill provides that this act shall take effect on the ninetieth day after it shall have become a law.

Existing law

Currently, both amended sections of the Criminal Procedure Law provide that sealed criminal records regarding a person may be made available to certain entities in certain specified situations. These situations include disclosure to the prospective employer of a police officer or peace officer in relation to an application for employment as a police officer or peace officer and to the State or local officer responsible for the issuance of licenses to possess a gun. Currently, the Human Rights Law provides that it is not an unlawful discriminatory practice for an agency, in connection with an application for employment as a

police officer or peace officer, to inquire about certain arrests or criminal accusations concerning the applicant.

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 section 160.50(d), police departments and law enforcement agencies may receive criminal histories that include cases sealed pursuant to such sections that terminated in favor of the accused.

However, under current law, police departments and law enforcement agencies may not obtain disclosure of records that were sealed under the provisions of Criminal Procedure Law section 160.55 for applicants seeking employment by the police department or law enforcement agency. 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 these agencies obtain as much information about potential employees as is possible before a law enforcement agency entrusts them with responsibility for public safety.

Legislative history

2012: S.1423 - Referred to Codes 2011: S.1423 - Passed Senate 2009 - 2010: S.2101 - Referred to Codes 2007 - 2008: S.4268-A - Passed Senate both years 2006: S.7927 - Passed Senate

Fiscal implications

None

Effective date

This act shall take effect on the ninetieth day after it shall have become a law.