Establishes the earned amnesty act of 2015 authorizing the expungement of certain convictions after 10 years

Section 2. Amends the criminal procedure law by adding a new section 440.75. Provides that any person who has been previously convicted of a crime, after the expiration of ten years from the date of his or her conviction and who has successfully completed the terms of his or her sentence, may present a verified petition to the appropriate court seeking an order that such conviction and all records and information pertaining thereto be expunged. Provides that a copy of the petition for expungement and all supporting documents shall be served upon: (1) the District Attorney serving the County of conviction; (2) the Superintendent of the State Police and the Police Department in the jurisdiction of conviction; (3) the Judge or Justice who imposed sentence or if not serving the Administrative Or Supervising Judge in the jurisdiction where the conviction was entered; and, (4) the victim of the crime sought to be expunged. States that within ninety days of the filing of the petition, the court may grant an order directing the Clerk of the Court and all relevant criminal justice and law enforcement agencies to expunge all records of said disposition including but not limited to all evidence of arrest, detention, conviction, sentence and proceedings related thereto. Specifies the offenses for which a petition of expungement is prohibited. Requires the Chief Judge of the Court of Appeals to file an annual report on or before May first for the preceding calendar year, with the Governor, the Speaker and Minority Leader of the Assembly, and the Temporary President and Minority Leader of the Senate, regarding the number of expungement applications filed and their dispositions.

Section 3. Effective Date

Existing law

None

Justification

Arrest and subsequent conviction can have devastating impacts on an individual, his or her family and community. Not unlike a school grade, which goes on our permanent record, a criminal conviction carries a devastating lifelong stigma that impacts emotionally, socially, and economically. It has been described as a debt that is never deemed fully paid.

The time to revisit and end this notion has arrived. For too long we have permanently branded people, and imposed severe collateral consequences on them. Their greatest sin was a single, and in many cases youthful, judgmental error. We provide a basis to "clean up" our financial errors (Bankruptcy Court), but where does a fully rehabilitated defendant go to attempt to clean the slate of a single prior non-violent conviction?

This legislation is a focused template for providing limited expungement to demonstrably rehabilitated offenders who have affirmatively demonstrated that they are both effectively rehabilitated and have earned the right to "clean the slate."

The potential benefits to "earned amnesty" are incalculable. The emotional costs borne by the ex-offender and the offender's family are little short of significant, and disabling. By allowing ex-offenders to atone, we provide access to a mechanism to liberate them to achieve greater economic and social success. Greater potential income yields and enhanced economic opportunity generates higher tax revenue.

Legislative history

2014: S.7767 - Referred to Codes/A 4209A - Amend and Recommit to Codes 2013: A.4209-Referred to Codes 2012: A.9063- Referred to Codes

Fiscal implications

To be determined

Effective date

This act shall take effect on the first of January next succeeding the date upon which it shall have become law and shall expire on December 31, 2019 when upon such date the provisions of this act shall be deemed repealed.