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A01029 Summary:

BILL NOA01029C
 
SAME ASSAME AS S07551-A
 
SPONSORCruz (MS)
 
COSPNSRPretlow, Gonzalez-Rojas, Meeks, Burgos, Mamdani, Walker, Jackson, Seawright, Simon, Dickens, Hyndman, Epstein, Anderson, Kelles, Burdick, Gallagher, Carroll, Septimo, Rosenthal L, Zinerman, Reyes, Hevesi, Darling, Aubry, Mitaynes, Weprin, Lavine, Joyner, Bichotte Hermelyn, Jean-Pierre, Kim, Hunter, Clark, Rivera, Bronson, Gibbs, De Los Santos, Davila, Taylor, Cook, Vanel, Fahy, Tapia, Cunningham, Glick, Lucas, Chandler-Waterman, Dinowitz, Otis, Ardila, Bores, O'Donnell, Raga, Shrestha, Shimsky, Simone, Alvarez, Levenberg, Forrest, Zaccaro, McDonald, Lee, Solages, Stirpe, Lupardo, Dilan, Peoples-Stokes
 
MLTSPNSRRamos
 
Add 160.57, CP L; amd 845-d, 296 & 837-n, Exec L; amd 212, Judy L; amd 9, Cor L; add 50-g, Civ Rts L
 
Provides for automatic sealing of certain convictions after a certain passage of time from either imposition of sentence, release from parole or probation, and if the defendant does not have a current charge pending; excludes certain offenses; permits access by certain persons.
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A01029 Actions:

BILL NOA01029C
 
01/13/2023referred to codes
03/22/2023amend and recommit to codes
03/22/2023print number 1029a
06/05/2023amend (t) and recommit to codes
06/05/2023print number 1029b
06/06/2023amend and recommit to codes
06/06/2023print number 1029c
06/08/2023reported referred to ways and means
06/08/2023reported referred to rules
06/08/2023reported
06/08/2023rules report cal.673
06/08/2023ordered to third reading rules cal.673
06/09/2023ruling of chair on point of order
06/09/2023passed assembly
06/09/2023delivered to senate
06/09/2023REFERRED TO RULES
06/09/2023SUBSTITUTED FOR S7551A
06/09/20233RD READING CAL.1827
06/09/2023PASSED SENATE
06/09/2023RETURNED TO ASSEMBLY
11/16/2023delivered to governor
11/16/2023signed chap.631
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A01029 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1029--C
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 13, 2023
                                       ___________
 
        Introduced  by  M.  of  A. CRUZ, PRETLOW, GONZALEZ-ROJAS, MEEKS, BURGOS,
          MAMDANI, WALKER, JACKSON, SEAWRIGHT, SIMON, DICKENS, HYNDMAN, EPSTEIN,
          ANDERSON, KELLES, BURDICK, GALLAGHER, CARROLL, SEPTIMO,  L. ROSENTHAL,
          ZINERMAN,  REYES,  HEVESI,  DARLING,  AUBRY, MITAYNES, WEPRIN, LAVINE,
          JOYNER, BICHOTTE HERMELYN, JEAN-PIERRE, KIM,  HUNTER,  CLARK,  RIVERA,
          BRONSON,  GIBBS,  DE LOS SANTOS,  DAVILA,  TAYLOR,  COOK, VANEL, FAHY,
          TAPIA, CUNNINGHAM, GLICK, LUCAS,  CHANDLER-WATERMAN,  DINOWITZ,  OTIS,
          ARDILA,  BORES,  O'DONNELL,  RAGA, SHRESTHA, SHIMSKY, SIMONE, ALVAREZ,
          LEVENBERG, FORREST, ZACCARO, McDONALD, LEE, SOLAGES, STIRPE,  LUPARDO,
          DILAN  --  Multi-Sponsored  by  --  M.  of  A.  RAMOS -- read once and
          referred to the Committee  on  Codes  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- again reported from said  committee  with  amendments,  ordered
          reprinted  as  amended  and  recommitted  to  said  committee -- again
          reported from said committee with  amendments,  ordered  reprinted  as
          amended and recommitted to said committee
 
        AN  ACT  to  amend  the  criminal  procedure law, the executive law, the
          correction law, the  judiciary  law  and  the  civil  rights  law,  in
          relation to automatic sealing of certain convictions
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative  intent.  Almost  fifty  years  ago,  New  York
     2  enacted  anti-discrimination  protections  for  individuals with a prior
     3  criminal conviction. In his approval message, Governor Carey noted  that
     4  the  expense and time involved in prosecuting and incarcerating an indi-
     5  vidual is largely wasted "if upon the individual's return to society his
     6  willingness to assume a law abiding and productive role is frustrated by
     7  senseless discrimination" and further noted that  providing  a  formerly
     8  incarcerated  individual  "a  fair  opportunity for a job is a matter of
     9  basic human fairness as well as one of the surest ways to reduce crime."
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01987-06-3

        A. 1029--C                          2
 
     1    He also noted that the legislation in no way required  the  hiring  of
     2  someone  with  a criminal record but provided reasonable standards to be
     3  applied when considering the employment of such an individual, and  that
     4  merely  having a criminal record could not be the sole basis for denying
     5  employment.  While New York has made great strides in fighting discrimi-
     6  nation - on the basis of many attributes, experiences, and circumstances
     7  of New Yorkers - discrimination on the basis of past  convictions  still
     8  persists.
     9    Therefore,  it  is  the intent of the legislature to further curb this
    10  discrimination by sealing from public access the conviction  records  of
    11  individuals  for  certain state convictions only after an individual has
    12  satisfied their sentence and the required period  of  time  has  passed,
    13  within  which  the  individual  has remained a law abiding citizen while
    14  ensuring  that this otherwise sealed conviction information will  remain
    15  accessible   for  law  enforcement  and  other  relevant  and  necessary
    16  purposes.  These relevant and necessary purposes  include  but  are  not
    17  limited to determining suitability for licensing, employment and similar
    18  activities  where  federal or state law requires   a criminal background
    19  check be performed prior to granting licenses to or  employing  individ-
    20  uals  in  certain  jobs, such as employment with children, elderly popu-
    21  lations, or other vulnerable populations, as well as  where  federal  or
    22  state  law authorizes  a criminal background check to be performed prior
    23  to the same type of employment or similar activity.
    24    It is further the intent of  the  legislature  that  this  legislation
    25  shall not have any impact on, nor will it change the access to, informa-
    26  tion  regarding  out  of state or federal conviction information for law
    27  enforcement purposes or any other person or entity,  including  prospec-
    28  tive employers, accessing an individual's criminal history through crim-
    29  inal background checks or through publicly accessible records.
    30    §  2.  The  criminal  procedure law is amended by adding a new section
    31  160.57 to read as follows:
    32  § 160.57 Automatic sealing of convictions.
    33    1. Convictions for certain traffic infractions or a crime  defined  in
    34  the  laws  of this state shall be sealed in accordance with this section
    35  as follows:
    36    (a) Convictions for subdivision one of section eleven hundred  ninety-
    37  two of the vehicle and traffic law shall be sealed after three years.
    38    (b)  Criminal  convictions  shall  be  sealed upon satisfaction of the
    39  following conditions:
    40    (i) for a misdemeanor conviction, at least  three  years  have  passed
    41  from  the  defendant's  release  from incarceration or the imposition of
    42  sentence if there was no sentence of incarceration.  If the defendant is
    43  subsequently convicted of a crime before a prior  conviction  is  sealed
    44  pursuant  to  this  section,  the  calculation  of  time  for such prior
    45  conviction shall start upon the same date as the time calculation starts
    46  for the subsequent criminal conviction;
    47    (ii) for a felony conviction, at least eight years  have  passed  from
    48  the  date  the  defendant  was  last released from incarceration for the
    49  sentence of the conviction eligible for sealing or from  the  imposition
    50  of  sentence  if  there  was no sentence of incarceration. A defendant's
    51  detention for an alleged violation of parole or post-release supervision
    52  shall not interfere with the time calculation prescribed  herein  unless
    53  and  until  supervision is revoked resulting in the defendant's reincar-
    54  ceration.  If the defendant is subsequently convicted of a crime  before
    55  a  prior  conviction is sealed pursuant to this section, the calculation

        A. 1029--C                          3
 
     1  of time for such prior conviction shall start upon the same date as  the
     2  time calculation starts for the subsequent criminal conviction;
     3    (iii) the defendant does not have a subsequent criminal charge pending
     4  in this state;
     5    (iv)  the  defendant  is  not  currently  under the supervision of any
     6  probation or parole department for the conviction eligible for sealing;
     7    (v) the conviction is not for an offense defined as a sex  offense  or
     8  sexually  violent offense under section one hundred sixty-eight-a of the
     9  correction law;
    10    (vi) the conviction is not for a class A felony offense defined in the
    11  penal law, other than class A felony offenses  defined  in  article  two
    12  hundred twenty of the penal law;
    13    (vii) the defendant is a natural person;
    14    (viii)  the defendant does not have a subsequent felony charge pending
    15  in another jurisdiction that is not a felony charge related to reproduc-
    16  tive or gender affirming care or the possession of cannabis which  would
    17  not  constitute  a  felony in New York. This subparagraph shall apply if
    18  and when appropriate federal authorities grant access to records  neces-
    19  sary  to  query  to  effectuate  the purposes of this subparagraph in an
    20  automated manner; and
    21    (ix) the defendant does not have a  subsequent  felony  conviction  in
    22  another  jurisdiction  in the preceding eight years that is not a felony
    23  conviction related to reproductive  or  gender  affirming  care  or  the
    24  possession  of cannabis which would not constitute a felony in New York.
    25  This subparagraph shall apply if and when appropriate  federal  authori-
    26  ties  grant  access  to  records  necessary  to  query to effectuate the
    27  purposes of this subparagraph in an automated manner.
    28    (c) If, after the applicable period of  time  for  the  sealing  of  a
    29  conviction  has  been  satisfied,  the conviction remains ineligible for
    30  sealing pursuant to subparagraphs (iii), (iv), (viii) or (ix)  of  para-
    31  graph  (b) of this subdivision, the office of court administration shall
    32  subsequently check for eligibility no less  than  quarterly  and    upon
    33  subsequent checks, or the receipt of a form in accordance with paragraph
    34  (dd)  of  subdivision two of section two hundred twelve of the judiciary
    35  law, the conviction shall be sealed if all other conditions for  sealing
    36  under this section are satisfied.
    37    (d)  In  accordance  with  all other applicable laws, rules, and regu-
    38  lations regarding the scope, access,  use,  disclosure,  confidentiality
    39  and  retention  of  criminal history information, records of convictions
    40  sealed pursuant to  this  section  including  photographs,  photographic
    41  plates  or proofs, palmprints, fingerprints or retina scans shall not be
    42  accessed by or made available to any person or public or private agency,
    43  except for:
    44    (i) the defendant and such defendant's counsel;
    45    (ii) any court, defense counsel or prosecutor for the  purposes  of  a
    46  pending  criminal  proceeding or proceedings brought in a criminal court
    47  pursuant to article six-C of the correction law;
    48    (iii) qualified agencies, as defined in subdivision  nine  of  section
    49  eight  hundred  thirty-five  of the executive law, federal and state law
    50  enforcement agencies, and interstate and  international  authorities  as
    51  defined  in  subdivision  three of section two of the public authorities
    52  law, when acting within the scope of their law enforcement duties;
    53    (iv) the court, prosecutor,  and  defense  counsel  if  the  defendant
    54  becomes a witness in a criminal proceeding;
    55    (v)  the court and parties if the defendant becomes a witness or party
    56  in a civil proceeding;

        A. 1029--C                          4
 
     1    (vi) when an individual is a defendant in  a  criminal  proceeding  or
     2  proceedings brought in a criminal court pursuant to article six-C of the
     3  correction law and the sealed records of conviction of a third party are
     4  integral  to  their defense. In such instances, use of sealed records of
     5  conviction  shall  be  requested  upon  ex  parte motion in any superior
     6  court, or in any district court, city court or the criminal court of the
     7  city of New York provided that such court is where the action  is  pend-
     8  ing.  The  applicant  must  demonstrate to the satisfaction of the court
     9  that the records will be used for the purpose of this subparagraph;
    10    (vii) individuals or entities that are required  by  a  local  law  in
    11  effect  one  year prior to the chapter of the laws of two thousand twen-
    12  ty-three that added this section, a state law, or a federal law or regu-
    13  lation to request and receive  a  fingerprint-based  check  of  criminal
    14  history  information.  Nothing herein shall prohibit the commissioner of
    15  education or the office of school personnel  review  and  accountability
    16  from  receiving or using convictions sealed pursuant to this section for
    17  purposes of subdivisions seven, seven-a and  seven-b  of  section  three
    18  hundred five of the education law;
    19    (viii)  individuals  or entities that are authorized by a local law in
    20  effect one year prior to the chapter of the laws of two thousand   twen-
    21  ty-three that added this section, a state law, or a federal law or regu-
    22  lation  to  request  and  receive  a fingerprint-based check of criminal
    23  history information in relation to  the  individual's  fitness  to  have
    24  responsibility for the safety and well-being of children or adolescents,
    25  elderly individuals, individuals with disabilities, or otherwise vulner-
    26  able populations.  The division of criminal justice services shall main-
    27  tain  an  up  to date list of citations of the local, state, and federal
    28  statutes or federal regulations authorizing the access described herein;
    29    (ix) any prospective employer of a police officer or peace officer  as
    30  those  terms are defined in subdivisions thirty-three and thirty-four of
    31  section 1.20 of this chapter, in relation to an application for  employ-
    32  ment as a police officer or peace officer, provided, however, that every
    33  person who is an applicant shall be furnished with a copy of all records
    34  obtained  under  this  paragraph  and afforded an opportunity to make an
    35  explanation thereto;
    36    (x) any federal, state or local officer or agency with  responsibility
    37  for  the  issuance of licenses to possess a firearm, rifle or shotgun or
    38  with responsibility for conducting background checks before transfer  or
    39  sale  of  a  firearm  or explosive, when the officer or agency is acting
    40  pursuant to such responsibility.  This  includes  the  criminal  justice
    41  information  services  division  of the federal bureau of investigation,
    42  for the purposes of responding to queries to the national instant  back-
    43  ground  check  system  regarding  attempts to purchase or otherwise take
    44  possession of firearms, rifles or shotguns, as defined in  18  U.S.C.  §
    45  921 (A)(3);
    46    (xi)  for  the  purposes  of civilian investigation or evaluation of a
    47  civilian complaint or civil action concerning law enforcement or  prose-
    48  cution  actions,  upon  ex parte motion in any superior court, or in any
    49  district court, city court or the criminal court of the city of New York
    50  provided that such court sealed the record; the  applicant  must  demon-
    51  strate  to  the  satisfaction of the court that the records will be used
    52  for the purposes of this subparagraph;
    53    (xii) for information provided to an individual or entity pursuant  to
    54  paragraph  (e) of subdivision four of section eight hundred thirty-seven
    55  of the executive law or for bona fide  research  purposes  provided  all
    56  identifying information is removed;

        A. 1029--C                          5
 
     1    (xiii)  when  an  individual  seeks  to  avail  themselves of a public
     2  program or benefit, including but not limited to an immigration benefit,
     3  for which the sealed records of conviction of a third party  are  other-
     4  wise  authorized  by law or legal process to be disclosed in furtherance
     5  of their application for such program or benefit. In such instances, the
     6  individual  or  their  attorney  shall request the use of sealed records
     7  pursuant to a form as prescribed  by  the  chief  administrator  of  the
     8  courts  pursuant  to  paragraph  (ee)  of subdivision two of section two
     9  hundred twelve of the judiciary law;
    10    (xiv) for the purpose of collection of restitution, reparation, fines,
    11  surcharges, or fees imposed. In such instances, use  of  sealed  records
    12  shall be requested upon ex parte motion in any superior court, or in any
    13  district court, city court, town court, village court, or criminal court
    14  of  the city of New York provided that such court is where the action is
    15  pending. The applicant must demonstrate to the satisfaction of the court
    16  that the records will be used for the purpose of this subparagraph;
    17    (xv) transportation network companies that are required or  authorized
    18  by state law to request criminal history information pursuant to section
    19  sixteen hundred ninety-nine of the vehicle and traffic law;
    20    (xvi) the state education department for the purposes of investigating
    21  professional  misconduct as defined in subparagraph (i) of paragraph (a)
    22  of subdivision five of section sixty-five hundred nine of the  education
    23  law,  consideration of restoration of a professional license pursuant to
    24  section sixty-five hundred eleven of  the  education  law,  or  determi-
    25  nations  for  issuing  a  license  to  practice  a profession or issuing
    26  certificates and privileges for which prior licensure is  required,  for
    27  the professions under articles one hundred thirty-one, one hundred thir-
    28  ty-one-b,  one hundred thirty-two, one hundred thirty-three, one hundred
    29  thirty-four,  one  hundred  thirty-five,  one  hundred  thirty-six,  one
    30  hundred  thirty-seven,  one  hundred thirty-nine, one hundred forty, one
    31  hundred forty-one, one hundred forty-three, one hundred forty-four,  one
    32  hundred forty-five, one hundred forty-seven, one hundred forty-nine, one
    33  hundred fifty-three, one hundred fifty-four, one hundred fifty-five, one
    34  hundred  fifty-six, one hundred fifty-seven, one hundred fifty-nine, one
    35  hundred sixty, one  hundred  sixty-two,  one  hundred  sixty-three,  one
    36  hundred  sixty-four, and one hundred sixty-seven as such professions are
    37  defined in title eight of the education law,  provided  that  the  state
    38  education  department  certifies  to  the  division  of criminal justice
    39  services that it is investigating an individual licensed to  practice  a
    40  profession  pursuant  to article one hundred thirty of the education law
    41  for professional misconduct as defined in paragraph (a)  of  subdivision
    42  five  of section sixty-five hundred nine of the education law, consider-
    43  ing restoration of a professional license pursuant to section sixty-five
    44  hundred eleven of the education law, or making a determination for issu-
    45  ing a license to practice a profession or issuing certificates and priv-
    46  ileges for which prior licensure is required as  appropriate.  Provided,
    47  further,  that  the  board  of regents may consider any prior conviction
    48  that formed the basis of a determination of the board of  regents  in  a
    49  disciplinary  proceeding  pursuant  to section sixty-five hundred ten of
    50  the education law and the rules  and  regulations  promulgated  pursuant
    51  thereto  in  an application for reconsideration, even if such conviction
    52  later becomes sealed pursuant to this section; and
    53    (xvii) the office of mental health and  the  office  for  people  with
    54  developmental  disabilities, where such agencies are statutorily author-
    55  ized to receive such information, provided further, that  such  informa-
    56  tion may also  be made available for case review  under section 10.05 of

        A. 1029--C                          6
 
     1  the mental hygiene law, as well as to providers licensed, funded, desig-
     2  nated,  certified or otherwise authorized by the office of mental health
     3  or the office for people with  developmental  disabilities,  where  such
     4  information  is  included in the clinical record of any person under the
     5  care of or receiving services from such provider or program.
     6    (e) Where the sealing required by this section has  not  taken  place,
     7  including  where supporting court records cannot be located or have been
     8  destroyed, and a defendant or their attorney submits  a  valid  form  in
     9  accordance with paragraph (dd) of subdivision two of section two hundred
    10  twelve  of the judiciary law  of such fact to the office of court admin-
    11  istration, such conviction shall be sealed as set forth in this subdivi-
    12  sion within thirty days of the receipt of such form.
    13    (f) The department of corrections and community supervision, in  coor-
    14  dination  with  the division of criminal justice services, shall provide
    15  the office of court administration with the data necessary to  determine
    16  appropriate records to be sealed pursuant to this section, including but
    17  not limited to (i) the date or dates of release from state incarceration
    18  of  individuals  who  have  a  sentence  of  incarceration  for a felony
    19  conviction, and (ii) the date or dates of initial parole or post-release
    20  supervision and corresponding date or dates of discharge, as applicable.
    21    (g) The chief administrative officer of each local correctional facil-
    22  ity shall provide the office  of  court  administration  with  the  data
    23  necessary to determine appropriate records to be sealed pursuant to this
    24  section,  including  but  not limited to the date or dates of release of
    25  individuals who have satisfied a definite sentence of imprisonment.
    26    2. Upon the sealing of a  conviction  pursuant  to  this  section  the
    27  office  of court administration shall immediately notify the division of
    28  criminal justice services, the court of conviction,  county  clerks  and
    29  the  heads  of  all appropriate police and sheriff departments, prosecu-
    30  tors' offices and  law  enforcement  agencies  that  the  conviction  is
    31  sealed.  Upon  receipt  of  such notification, records of or relating to
    32  such conviction shall be immediately sealed as follows:
    33    (a) Every photograph of  the  defendant  and  photographic  plates  or
    34  proof,  and  all palmprints, fingerprints and retina scans taken or made
    35  of the defendant in regard to the sealed conviction, and all duplicates,
    36  reproductions, and copies thereof, except a digital fingerprint that  is
    37  on  file with the division of criminal justice services for a conviction
    38  that has not been sealed pursuant to this section, shall  be  marked  as
    39  sealed  by  any  entity  notified under this subdivision having any such
    40  photograph, photographic plate  or  proof,  palmprint,  fingerprints  or
    41  retina  scan  in  its  possession  or under its control by conspicuously
    42  indicating on the face of the record or at the beginning  of  the  digi-
    43  tized file of the record that the record has been designated as sealed.
    44    (b) Every official record and paper and duplicates and copies thereof,
    45  including,  but  not limited to, judgments and orders of a court but not
    46  including published court decisions or opinions or records and briefs on
    47  appeal, relating to the sealed conviction, on file with the entity noti-
    48  fied under this subdivision shall be marked as sealed  by  conspicuously
    49  indicating  on  the  face of the record or at the beginning of the digi-
    50  tized file of the record that the record has been designated as sealed.
    51    (c) Entities subject to the requirements of this subdivision shall not
    52  use or access such sealed information unless otherwise authorized pursu-
    53  ant to this section or any other section of law.
    54    (d) Nothing in this section shall be construed to interfere  with  the
    55  applicable  laws, rules and regulations requiring the division of crimi-

        A. 1029--C                          7
 
     1  nal justice services to administer and maintain criminal history records
     2  as set forth in article thirty-five of the executive law.
     3    3.  (a) Nothing in this section requires the sealing or destruction of
     4  DNA information maintained in  the  New  York  state  DNA  database,  in
     5  accordance  with  article forty-nine-B of the executive law, of an indi-
     6  vidual whose conviction is sealed under this section.
     7    (b) Nothing in this section requires the  sealing  or  destruction  of
     8  records  maintained  by the department of motor vehicles, and nothing in
     9  this section shall be construed to contravene the  vehicle  and  traffic
    10  law,  the  federal  driver's  privacy  protection act (18 U.S.C 2721 et.
    11  seq.), the REAL ID Act of 2005  (Public  Law  109-13;  49  U.S.C.  30301
    12  note),  section 7209 of the Intelligence Reform and Terrorism Prevention
    13  Act of 1986 (49 U.S.C. 31311), the Commercial Motor Vehicle  Safety  Act
    14  of  1986  (Public  Law  99-570; 49 U.S.C. 313), the Motor Carrier Safety
    15  Improvement Act of 1999 (Public Law 106-159), or regulations promulgated
    16  pursuant to any such chapter or act.
    17    (c) The  division  of  criminal  justice  services  is  authorized  to
    18  disclose  a  conviction that is sealed pursuant to this section to enti-
    19  ties that are required by federal  law,  or  by  rules  and  regulations
    20  promulgated by a self-regulatory organization created under federal law,
    21  to  consider sealed convictions. Such entities must certify to the divi-
    22  sion that they are required by federal law, or by rules and  regulations
    23  promulgated  by  a  self-regulatory  organization  that has been created
    24  under federal law, to make an inquiry about or consider  records  sealed
    25  pursuant  to  this  section  for  purposes  of employment, licensing, or
    26  clearance. To the extent permitted  by  federal  law,  a  record  sealed
    27  pursuant  to  this section may not be considered a conviction that would
    28  prohibit the employment, licensing or clearance of the defendant.
    29    (d) Nothing in this section shall prohibit entities required by feder-
    30  al law to consider sealed  convictions,  or  by  rules  and  regulations
    31  promulgated  by  a  self-regulatory  organization  that has been created
    32  under federal law, from making an inquiry about or considering an appli-
    33  cant's criminal history for purposes of employment, licensing, or clear-
    34  ance from inquiring into convictions sealed pursuant to this section.
    35    (e) In any civil action, an official record of a conviction  that  has
    36  been  sealed  pursuant to this section may not be introduced as evidence
    37  of negligence against a  person  or  entity  that  provided  employment,
    38  contract  labor  or services, volunteer work, licensing, tenancy, a home
    39  purchase, a mortgage, an education, a loan, or insurance if such  record
    40  was  sealed and was not provided to the person or entity by or on behalf
    41  of a governmental entity in accordance with this section in response  to
    42  such  person's  or entity's authorized and timely request for conviction
    43  history information.
    44    (f) A person or entity described in this subdivision,  acting  reason-
    45  ably and in good faith, may not have a duty to investigate the fact of a
    46  prior conviction that has been sealed pursuant to this section.
    47    4.  No  defendant  shall be required or permitted to waive eligibility
    48  for sealing pursuant to this section  as  part  of  a  plea  of  guilty,
    49  sentence or any agreement related to a conviction for a violation of the
    50  laws of this state.  Any such waiver is void and unenforceable.
    51    5.  Sealing as set forth in subdivision two of this section is without
    52  prejudice to a defendant or their attorney seeking further relief pursu-
    53  ant to article four hundred forty of this  chapter.    Nothing  in  this
    54  section  is intended or shall be interpreted to diminish or abrogate any
    55  rights or remedies otherwise available to the defendant.

        A. 1029--C                          8
 
     1    6. The office of court administration shall make diligent  efforts  to
     2  promptly  seal  all  conviction  records eligible for sealing under this
     3  section where such convictions were entered on or before  the  effective
     4  date  of  this  section  and, in any event, shall ensure sealing of such
     5  convictions  is  complete no later than three years after such effective
     6  date.
     7    7. A conviction which is sealed pursuant to this section  is  included
     8  within  the  definition of a conviction for the purposes of any criminal
     9  proceeding in which the fact of  a  prior  conviction  would  enhance  a
    10  penalty or is an element of the offense charged.
    11    8.  Nothing  in this section shall be construed to permit sealing of a
    12  conviction before the expiration or termination of a sentence of  incar-
    13  ceration,  parole,  probation,  or  post-release  supervision  for  such
    14  conviction.
    15    9. Nothing in this section shall be construed to affect or  invalidate
    16  any active order of protection issued in relation to a conviction sealed
    17  under this section.
    18    10. Nothing in this section shall be construed to require or authorize
    19  the  discharge  of  the  requirement to pay any restitution, reparation,
    20  fines, surcharges, or fees imposed for a conviction  sealed  under  this
    21  section  or  the  sealing  of  a  criminal  or  civil proceeding for the
    22  collection of any such amount due, unless such proceeding  is  otherwise
    23  eligible for sealing under this section or any other provision of law.
    24    §  3.  Section 845-d of the executive law is amended by adding two new
    25  subdivisions 4 and 5 to read as follows:
    26    4. Nothing in this section shall authorize  the  division  to  provide
    27  criminal  history  information that is sealed pursuant to section 160.57
    28  of the criminal procedure law to an entity other than  those  authorized
    29  by such section to receive such information.
    30    5.  Except  as  otherwise  required by law, every entity that receives
    31  criminal  history information for civil purposes shall provide or ensure
    32  the provision of a copy of such  criminal  history information to  every
    33  individual for whom such information is received with  a  copy  of arti-
    34  cle  twenty-three-A  of  the correction law, and that such individual be
    35  informed of their right to seek  correction  of any  incorrect  informa-
    36  tion  contained  in  such  information  pursuant  to the regulations and
    37  procedures established by the division of criminal justice services.
    38    § 4. Subdivision 2 of section 212 of the judiciary law is  amended  by
    39  adding two new paragraphs (dd) and (ee) to read as follows:
    40    (dd)  Promulgate  a  standardized  form and process for individuals to
    41  notify the office of court  administration  of  convictions  subject  to
    42  sealing  under  section  160.57  of  the criminal procedure law, but for
    43  which the office has not  sealed  or  taken  the  requisite  action  for
    44  related records.
    45    (ee)  Promulgate  a  standardized  form  and  process  for individuals
    46  authorized to request sealed records pursuant to subparagraph (xiii)  of
    47  paragraph  (d)  of  subdivision  one  of  section 160.57 of the criminal
    48  procedure law.
    49    § 5. Subdivision 16 of section 296 of the executive law, as amended by
    50  section 2 of subpart O of part II of chapter 55 of the laws of 2019,  is
    51  amended to read as follows:
    52    16.  It  shall  be an unlawful discriminatory practice, unless specif-
    53  ically required or permitted by statute, for any person, agency, bureau,
    54  corporation or association, including the state and any political subdi-
    55  vision thereof, to make any inquiry about, whether in any form of appli-
    56  cation or  otherwise,  or  to  act  upon  adversely  to  the  individual

        A. 1029--C                          9
 
     1  involved,  any arrest or criminal accusation of such individual not then
     2  pending against that individual which was followed by a  termination  of
     3  that  criminal  action  or  proceeding  in  favor of such individual, as
     4  defined  in  subdivision two of section 160.50 of the criminal procedure
     5  law, or by an order adjourning the criminal action in  contemplation  of
     6  dismissal, pursuant to section 170.55, 170.56, 210.46, 210.47, or 215.10
     7  of  the  criminal procedure law, or by a youthful offender adjudication,
     8  as defined in subdivision one of section 720.35 of the  criminal  proce-
     9  dure  law, or by a conviction for a violation sealed pursuant to section
    10  160.55 of the criminal procedure law or by a conviction which is  sealed
    11  pursuant  to  section 160.59 or 160.58 of the criminal procedure law, or
    12  by a conviction which is sealed pursuant to section 160.57 of the crimi-
    13  nal procedure law, except  where  such  conviction  record  is  accessed
    14  pursuant  to  subparagraph  (vii),  (viii), or (xvi) of paragraph (d) of
    15  subdivision one of section 160.57 of  the  criminal  procedure  law,  in
    16  connection  with the licensing, housing, employment, including volunteer
    17  positions, or providing of  credit  or  insurance  to  such  individual;
    18  provided,  further, that no person shall be required to divulge informa-
    19  tion pertaining to any arrest or criminal accusation of such  individual
    20  not  then pending against that individual which was followed by a termi-
    21  nation of that criminal action or proceeding in favor of  such  individ-
    22  ual,  as  defined  in  subdivision two of section 160.50 of the criminal
    23  procedure law, or by an order adjourning the criminal action in  contem-
    24  plation  of  dismissal,  pursuant  to  section 170.55 or 170.56, 210.46,
    25  210.47 or 215.10 of the criminal procedure law, or by a youthful  offen-
    26  der adjudication, as defined in subdivision one of section 720.35 of the
    27  criminal procedure law, or by a conviction for a violation sealed pursu-
    28  ant  to section 160.55 of the criminal procedure law, or by a conviction
    29  which is sealed pursuant to section 160.58 or  160.59  of  the  criminal
    30  procedure  law,  or  by a conviction which is sealed pursuant to section
    31  160.57 of the criminal procedure law,    except  where  such  conviction
    32  record  is  accessed pursuant to subparagraph (vii), (viii), or (xvi) of
    33  paragraph (d) of subdivision one  of  section  160.57  of  the  criminal
    34  procedure  law.  An individual required or requested to provide informa-
    35  tion in violation of this subdivision may  respond  as  if  the  arrest,
    36  criminal  accusation,  or disposition of such arrest or criminal accusa-
    37  tion did not occur. The provisions of this subdivision shall  not  apply
    38  to  the  licensing  activities of governmental bodies in relation to the
    39  regulation of guns, firearms and other deadly weapons or in relation  to
    40  an  application  for  employment as a police officer or peace officer as
    41  those terms are defined in subdivisions thirty-three and thirty-four  of
    42  section  1.20  of  the criminal procedure law; provided further that the
    43  provisions of this subdivision shall not apply  to  an  application  for
    44  employment  or  membership in any law enforcement agency with respect to
    45  any arrest or criminal accusation  which  was  followed  by  a  youthful
    46  offender  adjudication,  as defined in subdivision one of section 720.35
    47  of the criminal procedure law, or by a conviction for a violation sealed
    48  pursuant to section 160.55 of  the  criminal  procedure  law,  or  by  a
    49  conviction  which  is sealed pursuant to section 160.58 or 160.59 of the
    50  criminal procedure law, or by a conviction which is sealed  pursuant  to
    51  section  160.57  of  the  criminal  procedure  law. For purposes of this
    52  subdivision, an action which has  been  adjourned  in  contemplation  of
    53  dismissal,  pursuant  to  section  170.55  or  170.56, 210.46, 210.47 or
    54  215.10 of the criminal procedure law, shall not be considered a  pending
    55  action,  unless  the  order  to adjourn in contemplation of dismissal is

        A. 1029--C                         10
 
     1  revoked and the case is restored to  the  calendar  for  further  prose-
     2  cution.
     3    § 6. Section 9 of the correction law, as added by section 2 of part OO
     4  of  chapter  56  of  the laws of 2010, the section heading as amended by
     5  chapter 322 of the laws of 2021, is amended to read as follows:
     6    § 9. Access to information of incarcerated individuals via the  inter-
     7  net.  Notwithstanding any provision of law to the contrary, any informa-
     8  tion relating to the conviction  of  a  person[,  except  for  a  person
     9  convicted of an offense that would make such person ineligible for merit
    10  time under section eight hundred three of this chapter or an offense for
    11  which  registration as a sex offender is required as set forth in subdi-
    12  vision two or three of section one hundred sixty-eight-a of  this  chap-
    13  ter,]  that  is posted on a website maintained by or for the department,
    14  under article six of the public officers law,  may  be  posted  on  such
    15  website  for a period not to exceed [five] three years after the expira-
    16  tion of such person's sentence of imprisonment and at the conclusion  of
    17  any  period  of  parole or post-release supervision[; provided, however,
    18  that in the case of a person who has been committed to the department on
    19  more than one occasion, the department may post  conviction  information
    20  relating  to  any  prior  commitment on such website for a period not to
    21  exceed five years after the expiration  of  such  person's  sentence  of
    22  imprisonment  and any period of parole or post-release supervision aris-
    23  ing from the most recent commitment to the department].
    24    § 7. The civil rights law is amended by adding a new section  50-g  to
    25  read as follows:
    26    § 50-g. Disclosure of convictions sealed pursuant to section 160.57 of
    27  the  criminal  procedure  law.  1.  Any  person who has had a conviction
    28  sealed pursuant to section 160.57 of  the  criminal  procedure  law  may
    29  bring a cause of action for damages against a party who, without consent
    30  of such person, discloses such sealed conviction where: (a) the respond-
    31  ent  owed  such person a duty of care pursuant to such section; (b)  the
    32  respondent knowingly and willfully breached such duty; (c)  the  disclo-
    33  sure  caused  injury to such person; and (d) respondent's breach of that
    34  duty was a substantial factor in  the  events  that  caused  the  injury
    35  suffered  by such person. The provisions of this section are in addition
    36  to, but shall not supersede, any other rights or remedies  available  in
    37  law or equity.
    38    2.  For  purposes  of  this  section, a party owes a duty of care to a
    39  person who has had a conviction sealed pursuant to section 160.57 of the
    40  criminal procedure law when the party is under an obligation pursuant to
    41  subdivision two of such section to seal information, records,  documents
    42  or  papers  related to such conviction, or when the party obtains access
    43  to records of such conviction for a specified purpose pursuant to  para-
    44  graph (d) of subdivision one, or subdivision three of such section.
    45    §  8. Paragraph (a) of subdivision 1 of section 837-n of the executive
    46  law, as added by chapter 3 of the laws of 1998, is amended  to  read  as
    47  follows:
    48    (a)  "Caregiver"  shall  mean a person employed to provide [fifteen or
    49  more hours of] care [per week] to a child or children, or an elderly  or
    50  vulnerable  adult in the home of such a child [or], children, or elderly
    51  or vulnerable adult.
    52    § 9. Severability. If any provision of this  act  or  the  application
    53  thereof  to  any  person,  corporation or circumstances is held invalid,
    54  such invalidity shall not affect other provisions or applications of the
    55  act which can be given effect without the invalid provision or  applica-

        A. 1029--C                         11
 
     1  tion,  and  to  this  end  the provisions of this act are declared to be
     2  severable.
     3    § 10. This act shall take effect one year after it shall have become a
     4  law.    Effective  immediately, the addition, amendment and/or repeal of
     5  any rule or regulation necessary for the implementation of this  act  on
     6  its effective date are  authorized to be made and completed on or before
     7  such date.
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