What's happening
The bill allows police departments and law enforcement agencies to access sealed arrest and prosecution records when considering job applicants.
Why it matters
Expands police hiring background checks. The bill allows police departments and law enforcement agencies to access records of sealed arrests and prosecutions when someone applies for a job with them, even if those records would otherwise be unavailable to most employers. This means that cases that were dismissed, resulted in acquittal, or otherwise sealed can now be reviewed during hiring.
Applicant notification and response rights. Any applicant whose sealed records are accessed must be given copies of those records and an opportunity to explain the circumstances. This provides some transparency and due process for job seekers, but also means applicants may have to revisit past legal issues they believed were closed.
Creates an explicit exception to anti-discrimination laws. The bill carves out a new exception in New York’s anti-discrimination law, which generally forbids inquiries or adverse actions based on sealed records. Now, police and law enforcement agencies are explicitly permitted to consider these records in hiring decisions, potentially affecting who is eligible for such positions.
Broader implications for privacy and rehabilitation. By opening sealed records to law enforcement employers, the law may impact individuals’ expectations of privacy and the benefits of record sealing for rehabilitation and second chances, specifically for those seeking law enforcement careers. This could deter some from applying or affect diversity within police agencies.
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Who cares
Headline styles
Let Police See Applicant Records
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Print number 420a
- Amend and recommit to codes
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 50–13
- Ordered to third reading cal.1368
- Committee discharged and committed to rules
- 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.
Share Police Job Applicants’ Records
In Assembly Committee · Codes · Sponsor Peter Abbate
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
420--A
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the criminal procedure law and the executive law, in relation to disclosure of arrest and prosecution records of applicants for employment by police departments and other law enforcement agencies
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (d) of subdivision 1 of section 160.50 of the criminal procedure law, as amended by chapter 449 of the laws of 2015, is amended to read as follows:
(d) such records shall be made available to the person accused or to such person's designated agent, and shall be made available to (i) a prosecutor in any proceeding in which the accused has moved for an order pursuant to section 170.56 or 210.46 of this chapter, or (ii) a law enforcement agency upon ex parte motion in any superior court, or in any district court, city court or the criminal court of the city of New York provided that such court sealed the record, if such agency demonstrates to the satisfaction of the court that justice requires that such records be made available to it, or (iii) any state or local officer or agency with responsibility for the issuance of licenses to possess guns, when the accused has made application for such a license, or (iv) the New York state department of corrections and community supervision when the accused is on parole supervision as a result of conditional release or a parole release granted by the New York state board of parole, and the arrest which is the subject of the inquiry is one which occurred while the accused was under such supervision, or (v) any prospective employer
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05064-03-8
S. 420--A 2
of a police officer or peace officer as those terms are defined in subdivisions thirty-three and thirty-four of section 1.20 of this chapter, in relation to an application for employment as a police officer or peace officer; provided, however, that every person who is an applicant for the position of police officer or peace officer shall be furnished with a copy of all records obtained under this paragraph and afforded an opportunity to make an explanation thereto, or (vi) a police department or other law enforcement agency, in relation to an application by the person accused for employment by such agency or department; provided, however, that every such person shall be furnished with a copy of all records obtained under this paragraph and afforded an opportunity to make an explanation thereto, or (vii) the probation department responsible for supervision of the accused when the arrest which is the subject of the inquiry is one which occurred while the accused was under such supervision; and
§ 2. Paragraph (d) of subdivision 1 of section 160.55 of the criminal procedure law, as amended by chapter 449 of the laws of 2015, is amended to read as follows:
(d) the records referred to in paragraph (c) of this subdivision shall be made available to the person accused or to such person's designated agent, and shall be made available to (i) a prosecutor in any proceeding in which the accused has moved for an order pursuant to section 170.56 or 210.46 of this chapter, or (ii) a law enforcement agency upon ex parte motion in any superior court, or in any district court, city court or the criminal court of the city of New York provided that such court sealed the record, if such agency demonstrates to the satisfaction of the court that justice requires that such records be made available to it, or (iii) any state or local officer or agency with responsibility for the issuance of licenses to possess guns, when the accused has made application for such a license, or (iv) the New York state department of corrections and community supervision when the accused is under parole supervision as a result of conditional release or parole release granted by the New York state board of parole and the arrest which is the subject of the inquiry is one which occurred while the accused was under such supervision, or (v) the probation department responsible for supervision of the accused when the arrest which is the subject of the inquiry is one which occurred while the accused was under such supervision, or (vi) a police agency, probation department, sheriff's office, district attorney's office, department of correction of any municipality and parole department, for law enforcement purposes, upon arrest in instances in which the individual stands convicted of harassment in the second degree, as defined in section 240.26 of the penal law, committed against a member of the same family or household as the defendant, as defined in subdivision one of section 530.11 of this chapter, and determined pursuant to subdivision eight-a of section 170.10 of this title; or (vii) a police department or other law enforcement agency, in relation to an application by the person accused for employment by such agency or department; provided, however, that every such person shall be furnished with a copy of all records obtained under this paragraph and afforded an opportunity to make an explanation thereto; and
§ 3. Paragraphs (c) and (d) of subdivision 6 of section 160.58 of the criminal procedure law, as added by section 3 of part AAA of chapter 56 of the laws of 2009, are amended and a new paragraph (e) is added to read as follows:
S. 420--A 3
(c) any state or local officer or agency with responsibility for the issuance of licenses to possess guns, when the person has made application for such a license; [or]
(d) any prospective employer of a police officer or peace officer as those terms are defined in subdivisions thirty-three and thirty-four of section 1.20 of this chapter, in relation to an application for employment as a police officer or peace officer; provided, however, that every person who is an applicant for the position of police officer or peace officer shall be furnished with a copy of all records obtained under this paragraph and afforded an opportunity to make an explanation thereto[.] ; or
(e) any police department or law enforcement agency, in relation to an application for employment by such police department or law enforcement agency; provided, however, that every applicant shall be furnished with a copy of all records obtained under this paragraph and afforded an opportunity to make an explanation thereto.
§ 4. Subdivision 16 of section 296 of the executive law, as amended by section 48-a of part WWW of chapter 59 of the laws of 2017, is amended to read as follows:
16. It shall be an unlawful discriminatory practice, unless specifically required or permitted by statute, for any person, agency, bureau, corporation or association, including the state and any political subdivision thereof, to make any inquiry about, whether in any form of application or otherwise, or to act upon adversely to the individual involved, any arrest or criminal accusation of such individual not then pending against that individual which was followed by a termination of that criminal action or proceeding in favor of such individual, as defined in subdivision two of section 160.50 of the criminal procedure law, or by a youthful offender adjudication, as defined in subdivision one of section 720.35 of the criminal procedure law, or by a conviction for a violation sealed pursuant to section 160.55 of the criminal procedure law or by a conviction which is sealed pursuant to section 160.59 or 160.58 of the criminal procedure law, in connection with the licensing, employment or providing of credit or insurance to such individual; provided, further, that no person shall be required to divulge information pertaining to any arrest or criminal accusation of such individual not then pending against that individual which was followed by a termination of that criminal action or proceeding in favor of such individual, as defined in subdivision two of section 160.50 of the criminal procedure law, or by a youthful offender adjudication, as defined in subdivision one of section 720.35 of the criminal procedure law, or by a conviction for a violation sealed pursuant to section 160.55 of the criminal procedure law, or by a conviction which is sealed pursuant to section 160.58 or 160.59 of the criminal procedure law. The provisions of this subdivision shall not apply to the licensing activities of governmental bodies in relation to the regulation of guns, firearms and other deadly weapons or in relation to an application for employment as a police officer or peace officer as those terms are defined in subdivisions thirty-three and thirty-four of section 1.20 of the criminal procedure law or in relation to an application for employment for any position in a police department or other law enforcement agency; provided further that the provisions of this subdivision shall not apply to an application for employment or membership in any law enforcement agency with respect to any arrest or criminal accusation which was followed by a youthful offender adjudication, as defined in subdivision one of section 720.35 of the criminal procedure law, or by a conviction
S. 420--A 4
for a violation sealed pursuant to section 160.55 of the criminal procedure law, or by a conviction which is sealed pursuant to section 160.58 or 160.59 of the criminal procedure law.
§ 5. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law and the executive law, in relation to disclosure of arrest and prosecution records of applicants for employment by police departments and other law enforcement agencies
Purpose or general idea of bill
To allow the disclosure of criminal histories of all applicants for employment by police departments and other law enforcement agencies.
Summary of provisions
Section one of the bill amends Criminal Procedure Law section 160.50(1)(d) to provide that criminal records sealed pursuant to this section shall be made available to a police department or law enforce- ment agency when an employment application has been made by the person accused of criminal activity. Any records obtained must also be provided to the applicant and the applicant shall be afforded the opportunity to provide an explanation.
Read the full memo (820 words)
Section two of the bill amends Criminal Procedure Law section 160.55(1)(d) to provide that criminal records sealed pursuant to this section shall be made available to a police department or law enforce- ment agency when an employment application has been made by the person accused of criminal activity. Any records obtained must also be provided to the applicant and the applicant shall be afforded the opportunity to provide an explanation.
Section three of the bill amends Criminal Procedure Law section 160.58 regarding sealed convictions for marihuana and certain controlled substances to allow disclosure to police departments and law enforcement agencies in relation to an application for employment. Any records obtained must also be provided to the applicant and the applicant shall be afforded the opportunity to provide an explanation.
Section four of the bill amends Executive Law section 296(16), which is the Human Rights Law, to provide that it shall not be an unlawful discriminatory practice for a police department or law enforcement agen- cy to inquire about a criminal accusation or arrest of an applicant that is not followed by a youthful offender adjudication or is sealed pursu- ant to Criminal procedure Law sections 160.55 or 160.58.
Section five of the bill provides that this act shall take effect on the ninetieth day after it shall have become a law.
Existing law
Currently, both sections of the Criminal Procedure Law being amended by this bill provide that sealed criminal records regarding a person may be made available to certain entities in certain specified situations. These situations include disclosure to the prospective employer of a police officer or peace officer in relation to an application for employment as a police officer or peace officer and to the State or local officer responsible for the issuance of licenses to possess a gun. Additionally, the Human Rights Law provides that it is not an unlawful discriminatory practice for an agency, in connection with an application for employment as a police officer or peace officer, to inquire about certain arrests or criminal accusations concerning the applicant.
Justification
It is critically important that police departments and other law enforcement agencies have the ability to conduct thorough background checks on potential employees. Current law provides an ability to do so when the applicant is a potential police officer or peace officer. Pursuant to Criminal Procedure Law section 160.50(1)(d), police depart- ments and law enforcement agencies may receive criminal histories that include cases sealed that were terminated in, favor of the accused and sealed pursuant to such section.
However, under current law, police departments and law enforcement agen- cies may not obtain disclosure of records that were sealed under the provisions of Criminal Procedure Law section 160.55 for applicants seek- ing employment by the police department or law enforcement agency. This anomalous result, where law enforcement is authorized to obtain records of sealed acquittals but not sealed convictions, must be corrected.
Further, in neither case are the records of potential civilian employees of law enforcement agencies made available. Employment by a police agen- cy is by definition sensitive in nature. Civilian employees may have access to highly confidential information and, may occupy positions of trust, with the availability to take enforcement action or make deci- sions affecting agency operations and policy. Police agencies are responsible for both conventional crime fighting and counter terrorism efforts, and it is vitally important that these agencies obtain as much information about potential employees as is possible before a law enforcement agency entrusts them with responsibility for public safety.
Prior legislative history
2017: S.420 - Passed the Senate 2016: S.1450-A - Referred to Codes 2015: S.1450 - Referred to Codes 2014: S.4071 - Referred to Codes 2013: S.4071 - Passed the Senate 2012: S.1423 - Referred to Codes 2011: S.1423 - Passed the Senate 2009 - 2010: S.2101 - Referred to Codes both years 2007 - 2008: S.4268-A - Passed the Senate both years 2006: S.7927 - Passed the Senate
Fiscal implications
None.
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.