S00180 Summary:

Add S440.75, CP L
Establishes the earned amnesty act of 2015 authorizing, upon application therefor, the expungement of certain convictions after 10 years.
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S00180 Memo:

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S00180 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                    IN SENATE
                                     January 7, 2015
        Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
        AN ACT to amend the criminal procedure law, in relation to  establishing
          the  earned  amnesty act of 2015; and providing for the repeal of such
          provisions upon expiration thereof
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.   Short title. This act shall be known and may be cited as
     2  "the earned amnesty act of 2015".
     3    § 2. The criminal procedure law is amended by  adding  a  new  section
     4  440.75 to read as follows:
     5  § 440.75 Petition for expungement of records for the innocent, dismissed
     6             cases, and the falsely arrested.
     7    1.  Except  as  provided  for in this section, any person who has been
     8  previously convicted of any offense under the laws of this state and who
     9  has not been convicted of any prior or subsequent offense in this state,
    10  another state, or by the United States may, after the  expiration  of  a
    11  period of ten years from the date of his or her conviction, satisfactory
    12  completion  of his or her probation, parole, supervised release and paid
    13  any fines imposed or restitution ordered, whichever is later, may  pres-
    14  ent a verified petition to the criminal term of the supreme court in the
    15  county  of  conviction  or  the county court in the county of conviction
    16  seeking an order that such conviction and all  records  and  information
    17  pertaining thereto be expunged.
    18    2.  (a) A copy of the petition for expungement together with a copy of
    19  all supporting documents shall be served upon:
    20    (i) the district attorney serving the county of conviction;
    21    (ii) the superintendent of the state police and the police  department
    22  in the jurisdiction of conviction;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 180                              2
     1    (iii)  the judge or justice who imposed sentence or if not serving the
     2  administrative or  supervising  judge  in  the  jurisdiction  where  the
     3  conviction was entered; and
     4    (iv) the victim of the offense sought to be expunged.
     5    (b)  Within  ninety days of the filing of the petition, if there is no
     6  objection from the law  enforcement  agencies  notified  or  from  those
     7  offices  or  agencies  required  to  be served and the petitioner is not
     8  disqualified from obtaining an order of expungement, the court may grant
     9  an order directing the clerk of the  court  and  all  relevant  criminal
    10  justice  and  law  enforcement  agencies  to expunge all records of said
    11  disposition including, but  not  limited  to  all  evidence  of  arrest,
    12  detention, conviction, sentence and proceedings related thereto.
    13    (c)  In the event none of the persons or agencies required to be noti-
    14  fied pursuant to paragraph (a) of this subdivision, has filed any  writ-
    15  ten  objection  to the relief sought, the court may nonetheless deny the
    16  relief sought if it concludes by a preponderance of  the  evidence  that
    17  the petitioner is not entitled to relief if:
    18    (i)  any statutory prerequisite is not fulfilled or there is any other
    19  basis for denying relief;
    20    (ii) the conviction sought to be expunged at the time of  the  hearing
    21  is  the  subject of civil litigation between petitioner and the state or
    22  any political subdivision thereof;
    23    (iii) petitioner has had any previous criminal conviction expunged  in
    24  this or any other state; or
    25    (iv) the court finds that petitioner has either not been rehabilitated
    26  or that the order of expungement is not in the interest of justice.
    27    (d)  The  court  may conditionally grant an order of expungement based
    28  upon the performance of community service. For a conviction of a:
    29    (i) class B felony, the petitioner shall complete five  hundred  hours
    30  of community service;
    31    (ii) class C felony, the petitioner shall complete three hundred hours
    32  of community service;
    33    (iii)  class D felony, the petitioner shall complete two hundred hours
    34  of community service;
    35    (iv) class E felony, the petitioner shall complete one  hundred  hours
    36  of community service;
    37    (v)  class A misdemeanor, the petitioner shall complete fifty hours of
    38  community service; and
    39    (vi) class B misdemeanor, the petitioner  shall  complete  twenty-five
    40  hours of community service.
    41    (e)  Upon receiving satisfactory proof that the imposed term of commu-
    42  nity service has been performed and the district attorney  has  verified
    43  the performance the court may grant a final order of expungement.
    44    3.  Records  of conviction for the following offenses specified by the
    45  penal law and the vehicle and  traffic  law  shall  not  be  subject  to
    46  expungement pursuant to this section:
    47    (a) all class A felonies;
    48    (b) all violent felony offenses;
    49    (c)  all violations of article one hundred thirty of the penal law for
    50  which a defendant was required to register under article  six-C  of  the
    51  correction law;
    52    (d)  all  crimes committed by a person holding any public office posi-
    53  tion or employment elective or appointive under the government  of  this
    54  state  or  any  agency  or  political  subdivision  if  the  offense  of
    55  conviction involved the office or position of employment.

        S. 180                              3
     1    4. Every petition for expungement filed pursuant to this section shall
     2  be verified under the penalty of perjury and shall include:
     3    (a) petitioner's date of birth;
     4    (b) petitioner's date of arrest;
     5    (c) the section of law under which the petitioner was convicted;
     6    (d) the original indictment, superior court information or complaint;
     7    (e)  a  certificate of disposition with the seal of the court from the
     8  court of conviction; and
     9    (f) the name of the judge or justice who imposed the sentence.
    10    5. This section shall apply to convictions which occurred prior to and
    11  which are entered subsequent to the effective date of this section.
    12    6. The chief judge of the court  of  appeals  shall  annually  file  a
    13  report  with the governor, the speaker and minority leader of the assem-
    14  bly and the temporary president and minority leader of the senate on  or
    15  before  May  first for the preceding calendar year reporting by judicial
    16  district upon the number of expungement  applications  filed  and  their
    17  dispositions.
    18    §  3. This act shall take effect on the first of January next succeed-
    19  ing the date upon which it shall have become  a  law  and  shall  expire
    20  December  31,  2019 when upon such date the provisions of this act shall
    21  be deemed repealed.
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