What's happening
This bill allows individuals with certain sealed convictions to lawfully answer "no" when asked if they have ever been convicted of a crime.
Why it matters
Reduces barriers to employment and housing. for people with certain sealed convictions, as they can honestly answer "no" to questions about criminal history in most situations—helping them avoid discrimination and move forward with their lives.
Strengthens privacy and rehabilitation goals. of sealing laws by ensuring that sealed convictions don’t have to be disclosed, further supporting reintegration and reducing stigma for affected individuals.
Maintains critical exceptions. for positions involving law enforcement and gun regulation, balancing public safety concerns with the rights of individuals who have moved past their convictions.
Clarifies legal obligations for employers and agencies. , reducing confusion about what can be asked or required regarding sealed convictions, which may decrease the risk of lawsuits and help standardize fair hiring practices.
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Who cares
Headline styles
Hide Sealed Convictions
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 32
No co-sponsors yet.
History
- Referred to investigations and government operations
- Referred to investigations and government operations
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.
Let Applicants Hide Sealed Convictions
In Assembly Committee · Correction · Sponsor Jeffrion Aubry
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4151
2019-2020 Regular Sessions
IN SENATE
March 1, 2019
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
AN ACT to amend the executive law, in relation to removing the requirement to reveal certain past convictions
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10299-02-9
S. 4151 2
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. Any individual with a conviction which is sealed pursuant to sections 160.55, 160.58 or 160.59 of the criminal procedure law shall be permitted to answer in the negative to the question "Have you ever been convicted of a crime or violation?", or any question with the same substantive content. 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; 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 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.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to removing the requirement to reveal certain past convictions
Purpose or general idea of bill
Clarifies that individuals with certain sealed criminal convictions or violations are permitted to answer in the negative if they are unlaw- fully asked if they have ever been convicted of a crime or violation.
Summary of specific provisions
Section one clarifies that individuals with sealed convictions pursuant to sections 160.55, 160.58, or 160.59 of the criminal procedure law are permitted to answer in the negative when asked if they have ever been convicted of a crime or violation.
Section two is the effective date.
Justification
In 2017, New York State enacted Executive 296 (16) to ensure individuals who had criminal charges that were eventually terminated in their favor, or sealed under certain provisions of the criminal procedure law, not be the basis for discrimination in the context of licensing, employment or in securing credit or insurance. Under current law, it is unlawful to inquire about arrests or criminal accusations against an individual when the criminal charges were terminated in their favor or sealed. Unfortu- nately, confusion remains about what questions can be asked to individ- uals who have their convictions sealed, and how they are permitted to respond.
This bill is necessary to effectuate the intent of the 2017 laws and clarify that individuals with sealed convictions pursuant to criminal procedure law 160.55, 160.58 or 160.59, can answer in the negative should they be asked if they have ever been convicted of a crime or violation.
Prior legislative history
This is a 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.