STATE OF NEW YORK ________________________________________________________________________ 7440 2021-2022 Regular Sessions IN ASSEMBLY May 10, 2021 ___________ Introduced by M. of A. ANDERSON -- read once and referred to the Commit- tee on Codes AN ACT to amend the executive law, in relation to establishing the office of expungement within the division of criminal justice services The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The executive law is amended by adding a new section 837-w 2 to read as follows: 3 § 837-w. Office of expungement. 1. Definitions. As used in the 4 section, the following terms shall have the following meanings: 5 (a) "eligible conviction" shall mean a conviction which is eligible to 6 be sealed and/or expunged under section 160.50, 160.55, 160.57, 160.58 7 or 160.59 of the criminal procedure law. 8 (b) "office" shall mean the office of expungement as established by 9 this section. 10 2. Establishment of office. There is hereby established within the 11 division of criminal justice services the office of expungement which 12 shall oversee the sealing and/or expungement of all eligible 13 convictions. 14 3. Duties and responsibilities. The office shall: 15 (a) inform the defendant and such defendant's attorney that an eligi- 16 ble conviction can be sealed and/or expunged; 17 (b) ensure all eligible convictions are sealed and/or expunged accu- 18 rately and in a timely manner; 19 (c) act as an advocate for those with eligible convictions to get such 20 convictions sealed and/or expunged; 21 (d) advise the governor and the legislature on the impact of having 22 eligible convictions sealed and/or expunged; and 23 (e) develop standards, guidelines, and best practices for ensuring 24 accurate and timely sealing and/or expungement of eligible convictions. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10418-01-1

A. 7440 2 1 4. Other state agencies shall provide cooperation and assistance to 2 the office so as to assist it in the effective performance of its 3 duties. 4 § 2. This act shall take effect on the same date and in the same 5 manner as a chapter of the laws of 2021 amending the criminal procedure 6 law, the executive law and the correction law, in relation to automatic 7 expungement of certain convictions, as proposed in legislative bill 8 number S. 1553-A, takes effect.

Creates the office of expungement

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