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History
- Print number 5593a
- Amend and recommit to codes
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Permits the sealing of records of certain nonviolent misdemeanor or nonsexual misdemeanor criminal offenses
Assembly Floor Calendar · Sponsor Joseph Lentol
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
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 the sealing of certain misdemeanor offenses,
Summary of provisions
Section 1 of the bill titles the new provision, the Second Chance for Ex-Offenders Act.
Section 2 of the bill: excludes certain misdemeanor offenses as eligible misdemeanors for the purposes of conditional sealing; lists certain sealing eligibility requirements; describes the court's sealing process; and lists the agencies and individuals which will have access to the sealed misdemeanor records.
Section 3 of the bill amends the executive law to include as an unlawful discriminatory practice, making an inquiry about any arrest or criminal accusation which is sealed under the Second Chance for Ex Offenders Act.
Justification
A misdemeanor offense can follow a person for the rest of his or her life. Even if he or she has fully reformed and committed no further criminal acts the record still exists and often forms the basis for discrimination in employment or other areas. This bill would allow a person who has been convicted of certain misdemeanor offenses to apply to the Court to have their record sealed. The bill also authorizes unsealing the sealed record if the individual is later convicted of a subsequent offense.
Existing law
While there is currently a process in place to seal controlled substance felonies and misdemeanors, there exists no process for the sealing of non-controlled substance misdemeanors.
Legislative history
A.6065 of 2009-10 A.1139 of 2011-12 A.4026-A of 2013-14
Fiscal implications
The state can anticipate additional revenue if this bill becomes law.
Effective date
This act shall take effect one hundred eightieth day after it shall have become a law and shall apply to all convictions occurring prior to, on, and after the effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.