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

                                  9063

                          I N  A S S E M B L Y

                            January 20, 2012
                               ___________

Introduced by M. of A. CAMARA -- read once and referred to the Committee
  on Codes

AN  ACT to amend the criminal procedure law, in relation to establishing
  the earned amnesty act of 2012; 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:

  Section 1.  Short title. This act shall be known and may be  cited  as
"the earned amnesty act of 2012".
  S  2.  The  criminal  procedure law is amended by adding a new section
440.70 to read as follows:
S 440.70 PETITION FOR EXPUNGEMENT OF RECORDS FOR THE INNOCENT, DISMISSED
           CASES, AND THE FALSELY ARRESTED.
  1. EXCEPT AS PROVIDED FOR IN THIS SECTION, ANY  PERSON  WHO  HAS  BEEN
PREVIOUSLY CONVICTED OF ANY OFFENSE UNDER THE LAWS OF THIS STATE AND WHO
HAS NOT BEEN CONVICTED OF ANY PRIOR OR SUBSEQUENT OFFENSE IN THIS STATE,
ANOTHER  STATE,  OR  BY THE UNITED STATES MAY, AFTER THE EXPIRATION OF A
PERIOD OF TEN YEARS FROM THE DATE OF HIS OR HER CONVICTION, SATISFACTORY
COMPLETION OF HIS OR HER PROBATION, PAROLE, SUPERVISED RELEASE AND  PAID
ANY  FINES IMPOSED OR RESTITUTION ORDERED, WHICHEVER IS LATER, MAY PRES-
ENT A VERIFIED PETITION TO THE CRIMINAL TERM OF THE SUPREME COURT IN THE
COUNTY OF CONVICTION OR THE COUNTY COURT IN  THE  COUNTY  OF  CONVICTION
SEEKING  AN  ORDER  THAT SUCH CONVICTION AND ALL RECORDS AND INFORMATION
PERTAINING THERETO BE EXPUNGED.
  2. (A) A COPY OF THE PETITION FOR EXPUNGEMENT TOGETHER WITH A COPY  OF
ALL SUPPORTING DOCUMENTS SHALL BE SERVED UPON:
  (I) THE DISTRICT ATTORNEY SERVING THE COUNTY OF CONVICTION;
  (II)  THE SUPERINTENDENT OF THE STATE POLICE AND THE POLICE DEPARTMENT
IN THE JURISDICTION OF CONVICTION;
  (III) THE JUDGE OR JUSTICE WHO IMPOSED SENTENCE OR IF NOT SERVING  THE
ADMINISTRATIVE  OR  SUPERVISING  JUDGE  IN  THE  JURISDICTION  WHERE THE
CONVICTION WAS ENTERED; AND
  (IV) THE VICTIM OF THE OFFENSE SOUGHT TO BE EXPUNGED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13812-02-2
              

A. 9063                             2

  (B) WITHIN NINETY DAYS OF THE FILING OF THE PETITION, IF THERE  IS  NO
OBJECTION  FROM  THE  LAW  ENFORCEMENT  AGENCIES  NOTIFIED OR FROM THOSE
OFFICES OR AGENCIES REQUIRED TO BE SERVED  AND  THE  PETITIONER  IS  NOT
DISQUALIFIED FROM OBTAINING AN ORDER OF EXPUNGEMENT, THE COURT MAY GRANT
AN  ORDER  DIRECTING  THE  CLERK  OF THE COURT AND ALL RELEVANT CRIMINAL
JUSTICE AND LAW ENFORCEMENT AGENCIES TO  EXPUNGE  ALL  RECORDS  OF  SAID
DISPOSITION  INCLUDING,  BUT  NOT  LIMITED  TO  ALL  EVIDENCE OF ARREST,
DETENTION, CONVICTION, SENTENCE AND PROCEEDINGS RELATED THERETO.
  (C) IN THE EVENT NONE OF THE PERSONS OR AGENCIES REQUIRED TO BE  NOTI-
FIED  PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, HAS FILED ANY WRIT-
TEN OBJECTION TO THE RELIEF SOUGHT, THE COURT MAY NONETHELESS  DENY  THE
RELIEF  SOUGHT  IF  IT CONCLUDES BY A PREPONDERANCE OF THE EVIDENCE THAT
THE PETITIONER IS NOT ENTITLED TO RELIEF IF:
  (I) ANY STATUTORY PREREQUISITE IS NOT FULFILLED OR THERE IS ANY  OTHER
BASIS FOR DENYING RELIEF;
  (II)  THE  CONVICTION SOUGHT TO BE EXPUNGED AT THE TIME OF THE HEARING
IS THE SUBJECT OF CIVIL LITIGATION BETWEEN PETITIONER AND THE  STATE  OR
ANY POLITICAL SUBDIVISION THEREOF;
  (III)  PETITIONER HAS HAD ANY PREVIOUS CRIMINAL CONVICTION EXPUNGED IN
THIS OR ANY OTHER STATE; OR
  (IV) THE COURT FINDS THAT PETITIONER HAS EITHER NOT BEEN REHABILITATED
OR THAT THE ORDER OF EXPUNGEMENT IS NOT IN THE INTEREST OF JUSTICE.
  (D) THE COURT MAY CONDITIONALLY GRANT AN ORDER  OF  EXPUNGEMENT  BASED
UPON THE PERFORMANCE OF COMMUNITY SERVICE. FOR A CONVICTION OF A:
  (I)  CLASS  B FELONY, THE PETITIONER SHALL COMPLETE FIVE HUNDRED HOURS
OF COMMUNITY SERVICE;
  (II) CLASS C FELONY, THE PETITIONER SHALL COMPLETE THREE HUNDRED HOURS
OF COMMUNITY SERVICE;
  (III) CLASS D FELONY, THE PETITIONER SHALL COMPLETE TWO HUNDRED  HOURS
OF COMMUNITY SERVICE;
  (IV)  CLASS  E FELONY, THE PETITIONER SHALL COMPLETE ONE HUNDRED HOURS
OF COMMUNITY SERVICE;
  (V) CLASS A MISDEMEANOR, THE PETITIONER SHALL COMPLETE FIFTY HOURS  OF
COMMUNITY SERVICE; AND
  (VI)  CLASS  B  MISDEMEANOR, THE PETITIONER SHALL COMPLETE TWENTY-FIVE
HOURS OF COMMUNITY SERVICE.
  (E) UPON RECEIVING SATISFACTORY PROOF THAT THE IMPOSED TERM OF  COMMU-
NITY  SERVICE  HAS BEEN PERFORMED AND THE DISTRICT ATTORNEY HAS VERIFIED
THE PERFORMANCE THE COURT MAY GRANT A FINAL ORDER OF EXPUNGEMENT.
  3. RECORDS OF CONVICTION FOR THE FOLLOWING OFFENSES SPECIFIED  BY  THE
PENAL  LAW  AND  THE  VEHICLE  AND  TRAFFIC  LAW SHALL NOT BE SUBJECT TO
EXPUNGEMENT PURSUANT TO THIS SECTION:
  (A) ALL CLASS A FELONIES;
  (B) ALL VIOLENT FELONY OFFENSES;
  (C) ALL VIOLATIONS OF ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW  FOR
WHICH  A  DEFENDANT  WAS REQUIRED TO REGISTER UNDER ARTICLE SIX-C OF THE
CORRECTION LAW;
  (D) ALL CRIMES COMMITTED BY A PERSON HOLDING ANY PUBLIC  OFFICE  POSI-
TION  OR  EMPLOYMENT ELECTIVE OR APPOINTIVE UNDER THE GOVERNMENT OF THIS
STATE  OR  ANY  AGENCY  OR  POLITICAL  SUBDIVISION  IF  THE  OFFENSE  OF
CONVICTION INVOLVED THE OFFICE OR POSITION OF EMPLOYMENT.
  4. EVERY PETITION FOR EXPUNGEMENT FILED PURSUANT TO THIS SECTION SHALL
BE VERIFIED UNDER THE PENALTY OF PERJURY AND SHALL INCLUDE:
  (A) PETITIONER'S DATE OF BIRTH;
  (B) PETITIONER'S DATE OF ARREST;
  (C) THE SECTION OF LAW UNDER WHICH THE PETITIONER WAS CONVICTED;

A. 9063                             3

  (D) THE ORIGINAL INDICTMENT, SUPERIOR COURT INFORMATION OR COMPLAINT;
  (E)  A  CERTIFICATE OF DISPOSITION WITH THE SEAL OF THE COURT FROM THE
COURT OF CONVICTION; AND
  (F) THE NAME OF THE JUDGE OR JUSTICE WHO IMPOSED THE SENTENCE.
  5. THIS SECTION SHALL APPLY TO CONVICTIONS WHICH OCCURRED PRIOR TO AND
WHICH ARE ENTERED SUBSEQUENT TO THE EFFECTIVE DATE OF THIS SECTION.
  6. THE CHIEF JUDGE OF THE COURT OF APPEALS OF THE STATE  OF  NEW  YORK
SHALL ANNUALLY FILE A REPORT WITH THE GOVERNOR, THE SPEAKER AND MINORITY
LEADER  OF  THE ASSEMBLY AND THE TEMPORARY PRESIDENT AND MINORITY LEADER
OF THE SENATE ON OR BEFORE MAY FIRST FOR  THE  PRECEDING  CALENDAR  YEAR
REPORTING  BY  JUDICIAL DISTRICT UPON THE NUMBER OF EXPUNGEMENT APPLICA-
TIONS FILED AND THEIR DISPOSITIONS.
  S 3. This act shall take effect on the first of January next  succeed-
ing  the  date  upon  which  it shall have become a law and shall expire
December 31, 2016 when upon such date the provisions of this  act  shall
be deemed repealed.