Repeals section 160.58 of the criminal procedure law which requires the sealing of the conviction records of persons who have completed a drug treatment program

BILL NUMBER:S1470

Title of bill

An act to amend the executive law, in relation to inquiries about certain sealed convictions; and to repeal section 160.58 of the criminal procedure law relating to conditional sealing of certain controlled substances, marihuana or specified offense convictions

Purpose

This bill would repeal the sealing provision of the so-called "Rockefeller Drug Law Reform" enacted as a part of New York State's 2009-2010 Budget, which allows criminal courts, on notice to the prosecutor, to seal the criminal records of felons upon their successful completion of "drug court," and would restore the ability of prospective employers to obtain accurate criminal background checks.

Summary of provisions

Section 1 of this bill repeals section 160.58 of the Criminal Procedure Law ("CPL") which authorizes a criminal court on its own motion, or upon motion of the defendant, and on notice to the prosecutor, to seal all records of the current prosecution for Class B, C, D and E drug felonies, in addition to a number of non-drug offenses enumerated in CPL section 410.91, if a defendant successfully completes a "diversion" program, i.e., drug court. CPL section 160.58 further allows the Court to seal up to three previous drug misdemeanors in addition to the pending felony or felonies.

Section 2 of this bill makes a conforming amendment to Executive Law section 296 that reflects the repeal of Criminal Procedure Law section 160.58.

Section 3 of this bill provides that this act effect on the sixtieth day after it shall have become a law.

Existing law

Currently, Criminal Procedure Law section 160.58 allows the Court to seal up to three previous drug misdemeanors after the successful completion of a diversion program. This section also allows the Court that sentenced a defendant to a drug treatment program to seal the records for the conviction once the defendant successfully completed the sentenced drug treatment program.

Justification

The Legislature has authorized and required criminal background checks be conducted when persons apply for firearms licenses or licenses to sell firearms. The Legislature has likewise provided that prospective employers can check applicants' criminal histories when they apply to be teachers, daycare and nursing home workers, caregivers for the mentally disabled and caregivers in the home, as well as for positions that require security clearance such as detectives, bank guards and armored car guards.

The expansive sealing provision enacted under the so-called "Rockefeller Drug Law Reform," purportedly to give drug criminals with up to four serious crimes on their records a clean slate, effectively insulates a whole class of criminals from this necessary scrutiny and thereby exposes to unwarranted risks vulnerable segments of our society, our children, our elderly, and our bank tellers. In order to fulfill the Legislative purpose in allowing and mandating criminal background checks, the recently enacted sealing provisions must be stricken.

Notably, this legislation would have no effect on other sealing provisions provided to youthful offenders or persons acquitted of crimes or where the charges are adjourned in contemplation of dismissal.

Legislative history

2014: S.2507 -Referred to Investigations and Government Operations 2013: S.2507 -Referred to Investigations and Government Operations 2012: S.1992 -Referred to Codes 2011: S.1992- Referred to Codes 2010: S.5684- Referred to Codes 2009: S.5684 -Referred to Codes

Fiscal implications

None to the State

Effective date

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