What's happening
This bill requires automatic sealing of certain criminal records if no prosecution or action occurs within specified timeframes.
Why it matters
Reduces long-term harm from unresolved arrests. By automatically sealing records when no prosecution occurs within certain timeframes, the bill helps prevent old or unresolved arrests from impacting people’s employment, housing, or other opportunities.
Shifts burden from individuals to the state. The process to seal records becomes automatic for qualifying cases, meaning individuals no longer have to navigate complex legal systems or file requests themselves—especially helpful for those unaware their cases are still open or records are public.
Improves accuracy and integrity of criminal records. The law establishes a clear process for law enforcement and courts to close out inactive criminal cases, reducing errors, outdated information, and unnecessary data retention in state records.
Encourages timely action by prosecutors and courts. By imposing automatic consequences (sealing) if no action is taken within set periods, the bill incentivizes the criminal justice system to promptly resolve or properly pursue cases, reducing bureaucratic stagnation.
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Who cares
People with incomplete arrest records or inactive criminal cases
The bill would provide a notice-based process to treat qualifying arrests and cases as terminated in their favor and seal the records, with requests required for older matters.
Division of Criminal Justice Services
The division would have to identify qualifying records, notify specified agencies and initiate sealing if no disqualifying information arrives within 60 days.
Prosecutors and criminal court clerks
They would receive notices giving them 60 days to report information such as an ongoing prosecution, an outstanding bench warrant or a recorded disposition that would prevent sealing under the applicable process.
Police departments and correctional agencies
They would receive notices and have to seal all official arrest records and copies in their files upon notification of sealing.
Headline styles
Seal Records After Dismissal
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3245
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
Introduced by M. of A. AUBRY, PERRY -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to termination of criminal action in favor of the accused
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 160.50 of the criminal procedure law is amended by adding a new subdivision 5 to read as follows:
5. (a) When a criminal record maintained by the division of criminal justice services pursuant to subdivision six of section eight hundred thirty-seven of the executive law contains information about an arrest dated after January first, two thousand nineteen, but the criminal record contains no docket number or other information about the arrest, the division, no later than six months after the date of arrest, shall send a notice to the prosecutor's office, the clerk of the court of the local criminal court wherein the arrest would be prosecuted, the office of court administration, the police department or law enforcement agency which transmitted the fingerprints of the person to the division of criminal justice services, the department of correctional services and the local correctional facility. Such notice shall inform such entities that the arrest will be considered terminated in favor of such person and sealed in a manner consistent with subdivision three of this section, sixty days from transmission of said notification, if the division of criminal justice services does not receive information that a criminal investigation or prosecution is proceeding. If after sixty days the division of criminal justice services receives no information that a criminal investigation or prosecution is proceeding, the arrest shall be considered terminated in favor of such person and be sealed in accordance with this paragraph, and the division of criminal justice services shall send notice of such sealing to such entities. Upon such notification, all official records and papers relating to the arrest, including
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08334-01-7
A. 3245 2
all duplicates and copies thereof on file with such entities shall be sealed and not made available to any person or public or private agencies. For arrests that occurred prior to January first, two thousand nineteen, such notice shall be transmitted by the division upon request of the person accused or such person's designated agent.
(b) When a criminal record maintained by the division of criminal justice services pursuant to subdivision six of section eight hundred thirty-seven of the executive law indicates that an accusatory instrument has been filed on a case after January first, two thousand nineteen, the last action of the case has not been the issuance of a bench warrant, no action has been taken on the case for a year, and no disposition has been recorded, the division, no later than two years after the date of last action on the case, shall send a notice to the prosecutor's office, the clerk of the court of the court where the accusatory instrument was filed, the office of court administration, the police department or law enforcement agency which transmitted the fingerprints of the person to the division of criminal justice services, the department of correctional services and the local correctional facility. Such notice shall inform such entities that the docketed case will be considered terminated in favor of such person and sealed in a manner consistent with subdivision three of this section, sixty days from transmission of the notification, if the division of criminal justice services does not receive information that a criminal investigation or prosecution is proceeding, a bench warrant is outstanding, or a disposition has been entered in the case. If after sixty days the division of criminal justice services receives no information that the criminal investigation or prosecution is proceeding, a bench warrant is outstanding, or a disposition has been entered in the case, the criminal action or proceeding shall be considered terminated in favor of such person and be sealed in accordance with this paragraph and the division of criminal justice services shall send notice of such sealing to such entities. Upon such notification, all official records and papers relating to the arrest, including all duplicates and copies thereof on file with such entities shall be sealed and not made available to any person or public or private agencies. For cases initiated prior to January first, two thousand nineteen, such notice shall be transmitted by the division of criminal justice services upon request of the person accused or such person's designated agent.
§ 2. This act shall take effect January 1, 2019.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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