STATE OF NEW YORK ________________________________________________________________________ 3300 2025-2026 Regular Sessions IN SENATE January 24, 2025 ___________ Introduced by Sen. WEIK -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the executive law and the correction law, in relation to the automatic sealing of certain convictions; and to repeal section 160.57 of the criminal procedure law and section 50-g of the civil rights law and certain provisions of the executive law and the judici- ary law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 160.57 of the criminal procedure law is REPEALED. 2 § 2. Subdivisions 4 and 5 of section 845-d of the executive law are 3 REPEALED. 4 § 3. Paragraphs (dd) and (ee) of subdivision 2 of section 212 of the 5 judiciary law are REPEALED. 6 § 4. Subdivision 16 of section 296 of the executive law, as amended by 7 chapter 631 of the laws of 2023, is amended to read as follows: 8 16. It shall be an unlawful discriminatory practice, unless specif- 9 ically required or permitted by statute, for any person, agency, bureau, 10 corporation or association, including the state and any political subdi- 11 vision thereof, to make any inquiry about, whether in any form of appli- 12 cation or otherwise, or to act upon adversely to the individual 13 involved, any arrest or criminal accusation of such individual not then 14 pending against that individual which was followed by a termination of 15 that criminal action or proceeding in favor of such individual, as 16 defined in subdivision two of section 160.50 of the criminal procedure 17 law, or by an order adjourning the criminal action in contemplation of 18 dismissal, pursuant to section 170.55, 170.56, 210.46, 210.47, or 215.10 19 of the criminal procedure law, or by a youthful offender adjudication, 20 as defined in subdivision one of section 720.35 of the criminal proce- 21 dure law, or by a conviction for a violation sealed pursuant to section 22 160.55 of the criminal procedure law or by a conviction which is sealed EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03787-01-5

S. 3300 2 1 pursuant to section 160.59 or 160.58 of the criminal procedure law, [or 2 ~~by a conviction which is sealed pursuant to section 160.57 of the crimi-~~ 3 ~~nal procedure law, except where such conviction record is accessed~~ 4 ~~pursuant to subparagraph (vii), (viii), or (xvi) of paragraph (d) of~~ 5 ~~subdivision one of section 160.57 of the criminal procedure law,~~] in 6 connection with the licensing, housing, employment, including volunteer 7 positions, or providing of credit or insurance to such individual; 8 provided, further, that no person shall be required to divulge informa- 9 tion pertaining to any arrest or criminal accusation of such individual 10 not then pending against that individual which was followed by a termi- 11 nation of that criminal action or proceeding in favor of such individ- 12 ual, as defined in subdivision two of section 160.50 of the criminal 13 procedure law, or by an order adjourning the criminal action in contem- 14 plation of dismissal, pursuant to section 170.55 or 170.56, 210.46, 15 210.47 or 215.10 of the criminal procedure law, or by a youthful offen- 16 der adjudication, as defined in subdivision one of section 720.35 of the 17 criminal procedure law, or by a conviction for a violation sealed pursu- 18 ant to section 160.55 of the criminal procedure law, or by a conviction 19 which is sealed pursuant to section 160.58 or 160.59 of the criminal 20 procedure law, or by a conviction which is sealed pursuant to section 21 160.57 of the criminal procedure law[~~, except where such conviction~~ 22 ~~record is accessed pursuant to subparagraph (vii), (viii), or (xvi) of~~ 23 ~~paragraph (d) of subdivision one of section 160.57 of the criminal~~ 24 ~~procedure law~~]. An individual required or requested to provide informa- 25 tion in violation of this subdivision may respond as if the arrest, 26 criminal accusation, or disposition of such arrest or criminal accusa- 27 tion did not occur. The provisions of this subdivision shall not apply 28 to the licensing activities of governmental bodies in relation to the 29 regulation of guns, firearms and other deadly weapons or in relation to 30 an application for employment as a police officer or peace officer as 31 those terms are defined in subdivisions thirty-three and thirty-four of 32 section 1.20 of the criminal procedure law; provided further that the 33 provisions of this subdivision shall not apply to an application for 34 employment or membership in any law enforcement agency with respect to 35 any arrest or criminal accusation which was followed by a youthful 36 offender adjudication, as defined in subdivision one of section 720.35 37 of the criminal procedure law, or by a conviction for a violation sealed 38 pursuant to section 160.55 of the criminal procedure law, or by a 39 conviction which is sealed pursuant to section 160.58 or 160.59 of the 40 criminal procedure law[~~, or by a conviction which is sealed pursuant to~~ 41 ~~section 160.57 of the criminal procedure law~~]. For purposes of this 42 subdivision, an action which has been adjourned in contemplation of 43 dismissal, pursuant to section 170.55 or 170.56, 210.46, 210.47 or 44 215.10 of the criminal procedure law, shall not be considered a pending 45 action, unless the order to adjourn in contemplation of dismissal is 46 revoked and the case is restored to the calendar for further prose- 47 cution. 48 § 5. Section 9 of the correction law, as amended by chapter 614 of the 49 laws of 2024, is amended to read as follows: 50 § 9. Access to information of incarcerated individuals via the inter- 51 net. Notwithstanding any provision of law to the contrary, any informa- 52 tion relating to the conviction of a person, except for a person 53 convicted of an offense that would make such person ineligible for merit 54 time under section eight hundred three of this chapter or an offense for 55 which registration as a sex offender is required as set forth in subdi- 56 vision two or three of section one hundred sixty-eight-a of this chap-

S. 3300 3 1 ter, that is posted on a website maintained by or for the department, 2 under article six of the public officers law, may be posted on such 3 website for a period not to exceed [~~three~~] five years after the expira- 4 tion of such person's sentence of imprisonment and at the conclusion of 5 any period of parole or post-release supervision; provided, however, 6 that in the case of a person who has been committed to the department on 7 more than one occasion, the department may post conviction information 8 relating to any prior commitment on such website for a period not to 9 exceed five years after the expiration of such person's sentence of 10 imprisonment and any period of parole or post-release supervision aris- 11 ing from the most recent commitment to the department; provided further, 12 however, that any such website that allows the public to search for 13 incarcerated individual information shall be programmed in such a manner 14 that the search may be successful by input of the incarcerated individ- 15 ual's current name, any former legal name or any other known alias of 16 the incarcerated individual. 17 § 6. Section 50-g of the civil rights law is REPEALED. 18 § 7. This act shall take effect immediately; provided, however, that 19 if chapter 614 of the laws of 2024 shall not have taken effect on or 20 before such date then section five of this act shall take effect on the 21 same date and in the same manner as such chapter of the laws of 2024, 22 takes effect.

Repeals the clean slate act; repealer

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