What's happening
This bill allows juveniles convicted of nonviolent, non-sex offenses to have their records expunged after seven years.
Why it matters
Reduces long-term barriers for youth. By allowing eligible juvenile records to be expunged after seven years, this bill can help young people avoid the lifelong consequences of a criminal record when seeking employment, education, or housing.
Promotes rehabilitation and reintegration. The legislation incentivizes juveniles to successfully complete probation, parole, and restitution, supporting their rehabilitation and offering a clearer path to rejoining society as law-abiding citizens.
Excludes serious offenses for public safety. The bill specifically excludes sex offenses and violent crimes, ensuring that only those convicted of less serious, nonviolent offenses benefit from expungement, balancing second chances with community safety.
Addresses equity in the justice system. By providing a mechanism to clear records for nonviolent juvenile offenses, the bill can help reduce disproportionate impacts on marginalized youth who are often overrepresented in the juvenile justice system.
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Who cares
Headline styles
Clear Juvenile Records After 7 Years
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Print number 3052a
- Amend and recommit 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.
Erase Juvenile Nonviolent Records
In Assembly Committee · Codes · Sponsor Al Taylor
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3052--A
2019-2020 Regular Sessions
IN SENATE
February 1, 2019
Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the criminal procedure law, in relation to expungement of records for certain juveniles convicted of a nonviolent offense after seven years
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The criminal procedure law is amended by adding a new section 440.75 to read as follows: § 440.75 Petition for expungement of records for certain juveniles
convicted of a nonviolent offense.
1. Any person who has been previously convicted as a juvenile of a nonviolent offense, provided that an eligible offense shall not include any sex offense as defined under subdivision two of section one hundred sixty-eight-a of the correction law, shall after the expiration of a period of seven years from the date of his or her previous conviction, satisfactory completion of his or her probation, parole, supervised release and payment of any fines imposed or restitution ordered, whichever is later, have all records and information pertaining to his or her conviction expunged pursuant to subdivision forty-five of section 1.20 of this chapter.
2. For the purpose of this section the term "juvenile" shall mean a person between the ages of seven and eighteen years of age.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09165-02-9
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, in relation to expungement of records for certain juveniles convicted of a nonviolent offense after seven years
Purpose
This bill would establish a procedure for an individual with a non-viol- ent criminal record, who has completed his or her sentence and has been crime-free for a specified waiting period, to apply to the sentencing court, on notice to the prosecutor, for an order expunging the record of conviction. The bill's purpose is to help current law abiding individ- uals keep, regain or gain employment by strengthening mechanisms intended to prevent employment discrimination against ex-offenders.
Summary of provisions
Section one of the bill adds a new section 440.75 to the Criminal Proce- dure Law, setting out the criteria and procedures for expunging a nonvi- olent record of conviction.
Read the full memo (620 words)
Section two is the effective date. New CPL 440.75's provisions include the following:
(Subdivision 1) An applicant must have served the full sentence, includ- ing any supervision component, and must have completed a seven year waiting period.
Existing law
Criminal possession of marihuana in the fifth degree is defined as know- ingly and unlawfully possessing marihuana in a public place, and such marihuana is burning or open to public view; or substances containing marihuana that in the aggregate weigh more than twenty-five grams.
Justification
A criminal offense can follow a person for the rest of his or her life. Even if he or she has been fully reformed and has committed no further criminal acts, the record still exists and often forms the basis for discrimination in college entry, vocational training, employment or other areas.
While New York has a public policy of assisting ex-offenders by prohib- iting employment discrimination based on criminal history (see Correction Law Article 23-A), information available over the internet that provides criminal history information about individuals, may reflect a conviction that occurred long ago and that may hinder college entry, vocational training or employment opportunities for someone who has been a law abiding citizen for several years. Current law does not provide a mechanism for addressing the employment discrimination prob- lems created by technological advances. This is especially true of juve- niles who succumb to peer pressure and other outside influences as their brain was not fully developed and hence lacked the ability to make
rational and sound judgments regarding their behavior. This bill provides such a mechanism.
Many young adults who made mistakes in the past and have led law abiding lives since their convictions have been denied entry into colleges, vocational training or have either lost jobs due to the economic down- turn, have lost jobs because employers began checking criminal records, or have afraid to apply for new and better jobs because they fear they will be asked about criminal records. Job applicants are routinely asked about criminal records and eliminated from consideration for crimes that occurred years, or even decades, ago.
Over the last ten years, the free flow of information over the Internet, live data feeds, sales of databases, etc. have made it easy for colleges, and employers to obtain criminal record information. Even applicants for low paying jobs are subject to criminal records questions on applications and/or criminal records checks. It is critical that the Legislature act now to establish a mechanism for expunging records before our youth, the future of New York, are unable to contribute to society in a meaningful way and become a burden upon the taxpayers of the state.
Legislative history
2015 REFERRED TO CODES 2016 REFERRED TO CODES 2017 REFERRED TO CODES
2018 REFERRED TO CODES
Fiscal implications
None
Local 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.