NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8392
SPONSOR: Mosley
 
TITLE OF BILL: An act to amend the criminal procedure law, in
relation to automatic sealing of certain misdemeanor records
 
PURPOSE OR GENERAL IDEA OF BILL:
To allow for the automatic sealing of no more than two eligible misde-
meanor offenses, after ten years from the last date of sentencing has
elapsed.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: adds a new section, 160.57 to the criminal procedure law,
determining eligibility, period, and process of sealing certain misde-
meanor records.
Section 2: provides the effective date.
 
JUSTIFICATION:
Reentry of individuals convicted of any crime is difficult, even for
those convicted of low-level misdemeanors. These convictions often pose
significant obstacles to individuals looking for employment, housing,
and imposes new barriers to social reintegration. This bill would allow
individuals who committed no more than two low-level misdemeanors in the
past, to have their records automatically sealed after a period of ten
years from the last sentencing date have passed. Individuals who have
made mistakes, but have not reoffended and have learned from their
transgressions have the opportunity to be relieved of the burden those
low-level misdemeanor convictions have on an individual's ability to
successfully reenter and function in society. This automatic sealing
would not apply to those convicted of a sex offense under article one
hundred thirty of the penal law, where registry as a sex offender is
required under article six C of the correction law, or where an individ-
ual has previously been granted sealing of the maximum allowable
offenses under statute 160.58 of the criminal procedure law.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.