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History
- 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.
Relates to the effect of termination of criminal actions and proceedings against a minor
In Assembly Committee · Codes · Sponsor Erik Dilan
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, in relation to the effect of termination of criminal actions and proceedings against a minor
Purpose
To provide minors who have a criminal proceeding terminated in their favor to have their arrest record, fingerprints, and photographs expunged if the minor has no previous arrest record.
Summary of provisions
Section one of this bill amends Criminal Procedure Law section 160.60 to provide that when a minor has a criminal proceeding terminated in his or her favor, his or her arrest record, fingerprints, and photographs connected with such terminated proceeding, shall be expunged if the minor has no previous arrest record.
Section two of this bill provides that this act shall take effect immediately.
Existing law
Criminal Procedure Law section 160.60 provides that when a criminal proceeding is terminated in favor of the accused, the accused's arrest is deemed to be a nullity.
Justification
Although the current law deems the arrest of a person whose criminal proceeding is terminated in his or her behalf a nullity, it does not require that the accused's arrest records, fingerprints and photographs for such alleged crime be expunged. This bill would require those records to be expunged when the person whose criminal proceeding is terminated in their favor is a minor with no prior arrest record.
Arrest records can have a negative impact on a person's future. When a minor with a clean record has a criminal proceeding terminated in his or her favor, the minor should have his or her arrest record, fingerprints and photographs expunged because the arrest is treated as a nullity. Expunging these records gives the minor the chance to keep his or her record clean. This will provide the minor with the ability to move forward and make a positive contribution to society.
Legislative history
New bill
Fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.