NY State Senate Bill 2015-S4454

Senate Bill S4454

2015-2016 Legislative Session

Relates to a petition for expungement of records for certain juveniles convicted of a nonviolent offense after five years

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to codes
Mar 20, 2015	referred to codes

2015-S4454 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Add §440.75, CP L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4704
2019-2020: S3053

2015-S4454 (ACTIVE) - Summary

Relates to a petition for expungement of records for certain juveniles convicted of a nonviolent offense after five years.

2015-S4454 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4454

TITLE OF BILL:

An  act  to  amend the criminal procedure law, in relation to petition
for expungement of  records  for  certain  juveniles  convicted  of  a
nonviolent offense after five years

PURPOSE OR GENERAL IDEA OF BILL:

This  bill  would  establish  a  procedure  for  an  individual with a
non-violent criminal record, who has completed his or her sentence and
has been crime-free for a specified waiting period, to  apply  to  the
sentencing  court, on notice to the prosecutor, for an order expunging
the record of conviction. The bill's purpose is to  help  current  law
abiding  individuals  keep, regain or gain employment by strengthening
mechanisms  intended  to  prevent  employment  discrimination  against
ex-offenders.

SUMMARY OF SPECIFIC PROVISIONS:

Section  one  of  the  bill  adds a new section 440.75 to the Criminal
Procedure Law, setting out the criteria and procedures for expunging a
non-violent record of conviction.

Section two is the  effective  date.    New  CPL  440.75's  provisions

include the following:

(Subdivision  1)  An  applicant  must  be  requesting expungement of a
non-violent  offense  (s)committed  between  the  ages  of  seven  and
eighteen.

(Subdivision  2)  An  applicant  must  have  served the full sentence,
including any supervision component, and must have  completed  a  five
year waiting period.

(Subdivision  3)  The  application along with any supporting documents
demonstrating the steps the petitioner has taken since the time of the
offense toward personal rehabilitation is to be made to  the  district
attorney servicing the county of conviction; the superintendent of the
state  police  and  the  police  department  in  the  jurisdiction  of
conviction and the judge or justice who imposed sentence.

(Subdivision 4) law enforcement agencies must issue a written decision
stating reasons for the decision unless  the  application  is  granted
without objection.

(Subdivision 5) the applicant may appeal on unfavorable decision.

JUSTIFICATION:

A  criminal  offense  can  follow  a person for the rest of his or her
life. Even if he or she has been fully reformed and has  committed  no
further  criminal  acts,  the  record still exists and often forms the
basis  for  discrimination  in  college  entry,  vocational  training,
employment or other areas.


While  New  York  has  a  public  policy  of assisting ex-offenders by
prohibiting employment discrimination based on criminal  history  (see
Correction  Law Article 23-A), information available over the internet
that provides criminal  history  information  about  individuals,  may
reflect  a  conviction  that  occurred  long  ago  and that may hinder
college entry, vocational training  or  employment  opportunities  for
someone  who has been a law abiding citizen for several years. Current
law does  not  provide  a  mechanism  for  addressing  the  employment
discrimination  problems  created  by  technological advances. This is
especially true of juveniles who succumb to peer  pressure  and  other
outside  influences  as  their brain was not fully developed and hence
lacked the ability to make  rational  and  sound  judgments  regarding
their behavior. This bill provides such a mechanism.

Many  young  adults  who  made  mistakes  in the past and have led law
abiding lives since their convictions  have  been  denied  entry  into
colleges,  vocational  trainings  or  have either lost jobs due to the
economic downturn, have lost jobs  because  employers  began  checking
criminal  records,  or  have  afraid  to apply for new and better jobs
because they fear they will  be  asked  about  criminal  records.  Job
applicants  are  routinely asked about criminal records and eliminated
from consideration for crimes that occurred years,  or  even  decades,
ago.

Over  the  last  ten  years,  the  free  flow  of information over the
Internet, live data feeds, sales of databases, etc. have made it  easy
for  colleges,  and  employers  to obtain criminal record information.
Even applicants for low paying jobs are subject  to  criminal  records
questions  on  applications  and/or  criminal  records  checks.  It is
critical that the Legislature act now to  establish  a  mechanism  for
expunging records before our youth, the future of New York, are unable
to  contribute to society in a meaningful way and become a burden upon
the taxpayers of the state.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S4454 (ACTIVE) - Bill Text download pdf

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

                                  4454

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 20, 2015
                               ___________

Introduced  by  Sen. SANDERS -- 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 petition  for
  expungement of records for certain juveniles convicted of a nonviolent
  offense after five years

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

  Section 1. The criminal procedure law  is  amended  by  adding  a  new
section 440.75 to read as follows:
S 440.75 PETITION  FOR  EXPUNGEMENT  OF  RECORDS  FOR  CERTAIN JUVENILES
           CONVICTED OF A NONVIOLENT OFFENSE.
  1. ANY PERSON WHO HAS BEEN PREVIOUSLY CONVICTED AS  A  JUVENILE  OF  A
NONVIOLENT  OFFENSE, PROVIDED THAT AN ELIGIBLE OFFENSE SHALL NOT INCLUDE
ANY SEX OFFENSE AS DEFINED UNDER SUBDIVISION TWO OF SECTION ONE  HUNDRED
SIXTY-EIGHT-A OF THE CORRECTION LAW, MAY AFTER THE EXPIRATION OF A PERI-
OD OF FIVE YEARS FROM THE DATE OF HIS OR HER PREVIOUS CONVICTION, SATIS-
FACTORY  COMPLETION  OF HIS OR HER PROBATION, PAROLE, SUPERVISED RELEASE
AND PAID ANY FINES IMPOSED OR RESTITUTION ORDERED, WHICHEVER  IS  LATER,
MAY  PRESENT  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. FOR THE PURPOSE OF THIS SECTION THE TERM "JUVENILE"  SHALL  MEAN  A
PERSON BETWEEN THE AGES OF SEVEN AND EIGHTEEN YEARS OF AGE.
  3.  (A) A COPY OF THE PETITION FOR EXPUNGEMENT TOGETHER WITH A COPY OF
ALL SUPPORTING DOCUMENTS SHALL BE SERVED UPON:
  (I) THE DISTRICT ATTORNEY SERVICING THE COUNTY OF CONVICTION;
  (II) THE SUPERINTENDENT OF THE STATE POLICE AND THE POLICE  DEPARTMENT
IN THE JURISDICTION OF CONVICTION; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10045-02-5

S. 4454                             2

  (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.
  (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, 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,
CONVICTION, SENTENCE AND PROCEEDINGS RELATED  THERETO.    WHEN  ANY  LAW
ENFORCEMENT  AGENCY  MAKES  A  RECOMMENDATION  THAT  THE JUVENILE RECORD
SHOULD NOT BE EXPUNGED THEY MUST  PROVIDE  A  WRITTEN  DECISION  STATING
REASONS  WHY  SUCH EXPUNGEMENT IS NOT COMPATIBLE WITH THE STATE'S PUBLIC
PROTECTION OR BEST INTEREST OF SOCIETY.
  4. EVERY PETITION FOR EXPUNGEMENT FILED PURSUANT TO THIS SECTION SHALL
BE VERIFIED UNDER PENALTY OF PERJURY AND SHALL INCLUDE:
  (A) PETITIONER'S DATE OF BIRTH;
  (B) PETITIONER'S DATE OF ARREST;
  (C) THE ORIGINAL INDICTMENT, SUPERIOR COURT INFORMATION OR COMPLAINT;
  (D) A CERTIFICATE OF DISPOSITION WITH THE SEAL OF THE COURT  FROM  THE
COURT OF CONVICTION; AND
  (E) THE NAME OF THE JUDGE OR JUSTICE WHO IMPOSED THE SENTENCE.
  5. THE DECIDING COURT MAY CONSIDER:
  (A)  THE  CHARACTER  OF THE PETITIONER, INCLUDING WHAT STEPS THE PETI-
TIONER HAS TAKEN SINCE THE TIME OF THE OFFENSE TOWARD PERSONAL REHABILI-
TATION, INCLUDING TREATMENT, WORK, SCHOOL,  OR  OTHER  PERSONAL  HISTORY
THAT DEMONSTRATES REHABILITATION;
  (B) THE PETITIONER'S CRIMINAL HISTORY; AND
  (C)  THE  IMPACT  OF  EXPUNGING  THE RECORDS UPON HIS OR HER REHABILI-
TATION, SUCCESSFUL AND PRODUCTIVE REENTRY AND REINTEGRATION INTO SOCIETY
AND ON PUBLIC SAFETY.
  6. THE PETITIONER SHALL HAVE THE OPPORTUNITY TO APPEAL AN  UNFAVORABLE
DETERMINATION.
  7. THIS SECTION SHALL APPLY TO CONVICTIONS WHICH OCCURRED PRIOR TO AND
WHICH ARE ENTERED SUBSEQUENT TO THE EFFECTIVE DATE OF THIS SECTION.
  S 2. This act shall take effect immediately.

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