Relates to the unauthorized release of sealed records

BILL NUMBER:S7867

Title of bill

An act to amend the public officers law, in relation to the unauthorized release of sealed records

Purpose or general idea of bill

To establish the crime of intentionally releasing or otherwise disclosing the nature, substance or contents of a sealed record.

Summary of provisions

Section 1 of the bill would create a new section 81 in the public offi- cers law which would establish the crime of intentionally releasing or otherwise disclosing the nature, substance or contents of a sealed court record. Section 2 is the effective date

Justification

Under limited circumstances, criminal and family court records may be sealed to protect the subject of the record from the significant and fundamental limitations, scrutiny and stigma that they might otherwise suffer as a result of a public record. Once a record is sealed, in the eyes of the law, the entire incident never occurred. In most respects, a sealing restores you to the status you occupied before being arrested or charged.

Sealed records must remain sealed unless a statute specifies an excep- tion or upon a written order issued by a court of competent jurisdiction lest we undermine the very purpose and policy we instituted when we granted the power to seal court records. In recent years, there have, been instances in which public officials have released sealed criminal and family court records in an effort to justify action taken against the individual. This cannot be tolerated.

The sealing provision attaches to a record, not to a person. To be clear, even if the subject of the record is deceased, records that have been sealed by the court are to remain sealed. Violation of this law may result in a criminal conviction punishable by up to a year in jail.

Prior legislative history

2014 New Bill in Senate

Fiscal implications

None.

Effective date

This act shall take effect immediately.