Permits the sealing of records of certain nonviolent misdemeanor or non-sexual misdemeanor criminal offenses

BILL NUMBER:S4245

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

Purpose

To allow for the sealing of certain low-level offenses and violations under specific circumstances.

Summary of provisions

Section One entitles this act the "Second Chance for Ex-Offenders Act".

Section Two amends the criminal procedure law and defines "eligible offenses" for purposes of the conditional sealing of certain low-level offenses. An individual can only apply for the sealing of an eligible offense if at least seven years have passed since their conviction of any penal law offense, they do not have more than three misdemeanors on their criminal record, and they do not have any felony convictions. Further, a person may not apply for conditional sealing of an eligible offense until at least five years have passed since the completion of any sentence affiliated with that eligible offense. Only the sentencing court has jurisdiction to hold a hearing or grant an order providing for the conditional sealing of eligible misdemeanors. This section also provides the process by which a petition for the sealing of certain records can be granted.

Section Three amends the executive law and provides that it shall be an unlawful discriminatory practice for a non-governmental employer to make an inquiry about, or act adversely to, an individual who has had their criminal record sealed.

Section Four provides for an effective date of one hundred eighty days after having become law.

Justification

This bill establishes a procedure under which certain low-level, non-violent offenses can be conditionally sealed. An individual will not be eligible to file a petition to seal an eligible offense if that individual has been convicted of more than three misdemeanors or any felony, if their sentence has been complete for less than five years, or if they have committed any penal law offense during the last seven years.

Only the original sentencing court has jurisdiction over the sealing. petition. Upon request, the court may conduct a hearing to determine if certain records should be sealed. The court can consider the circumstances surrounding the offense, the character of the defendant, the defendant's criminal history and civic service record, and the impact of sealing on the defendant's rehabilitation and on any victim of the original crime. If subsequent to the sealing of records, a petitioner is found guilty of any offense, their records will be

unsealed. Therefore, an individual who has been granted a sealing petition is essentially on life-time probation.

A misdemeanor offense can follow a person for the rest of his or her life. This bill intends to give those individuals who have previously been convicted of an eligible offense, but have since proven to possess good moral character, a second chance.

Legislative history

S5385 of 2014 - Codes Committee

Fiscal implications

None to the State.

Effective date

This act shall take effect one hundred eighty days after becoming law.