Assembly Bill A7030

2015-2016 Legislative Session

Relates to the sealing of certain criminal records

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A7030 (ACTIVE) - Details

See Senate Version of this Bill:
S5169
Current Committee:
Assembly Codes
Law Section:
Correction Law
Laws Affected:
Amd §750, Cor L; amd §160.55, add §160.65, CP L; amd §296, Exec L
Versions Introduced in 2013-2014 Legislative Session:
A9607, S7926

2015-A7030 (ACTIVE) - Summary

Provides for the sealing of certain criminal records upon application and qualification; makes provisions for unsealing and for availability of such records to various agencies.

2015-A7030 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7030

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 20, 2015
                               ___________

Introduced  by  M.  of  A.  LENTOL -- (at request of the Office of Court
  Administration) -- read once and referred to the Committee on Codes

AN ACT to amend the correction law, the criminal procedure law  and  the
  executive  law,  in  relation  to  the  sealing  of  records following
  conviction for certain offenses

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  750 of the correction law is amended by adding a
new subdivision 6 to read as follows:
  (6) "CONVICTION OF ONE OR MORE CRIMINAL OFFENSES" MEANS  A  CONVICTION
OR  CONVICTIONS THAT HAS OR HAVE NOT BEEN SEALED PURSUANT TO ARTICLE ONE
HUNDRED SIXTY OF THE CRIMINAL PROCEDURE LAW; AND A PERSON WHO  HAS  BEEN
"CONVICTED  OF  ONE  OR  MORE  CRIMINAL  OFFENSES"  MEANS A PERSON WHOSE
CONVICTION OR CONVICTIONS HAS OR HAVE NOT BEEN SEALED PURSUANT  TO  SUCH
ARTICLE.  PROVIDED,  HOWEVER,  THIS  SUBDIVISION  SHALL  NOT  APPLY TO A
CONVICTION WHERE USE OF SUCH  CONVICTION  FOR  A  PURPOSE  SPECIFIED  IN
SUBDIVISION  SIXTEEN  OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE
LAW WOULD NOT CONSTITUTE AN UNLAWFUL DISCRIMINATORY PRACTICE PURSUANT TO
SUCH SUBDIVISION.
  S 2. The opening paragraph of subdivision 1 of section 160.55  of  the
criminal  procedure  law, as amended by chapter 169 of the laws of 1994,
is amended to read as follows:
  Upon the termination of a criminal action or  proceeding  CHARGING  AN
OFFENSE  against  a person by the conviction of such person of a traffic
infraction or a violation,  other  than  a  violation  of  loitering  as
described in paragraph (d) [or (e)] of subdivision one of section 160.10
of  this [chapter] ARTICLE or the violation of operating a motor vehicle
while ability impaired as described in subdivision one of section eleven
hundred ninety-two of the vehicle and traffic law, unless  the  district
attorney  upon motion with not less than five days notice to such person
or his or her attorney demonstrates to the  satisfaction  of  the  court

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05651-01-5
              

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