S T A T E   O F   N E W   Y O R K
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                                 4209--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2013
                               ___________

Introduced by M. of A. CAMARA, AUBRY, MAGNARELLI, PEOPLES-STOKES, TITUS,
  WRIGHT  --  Multi-Sponsored  by  --  M. of A. CAHILL, CRESPO, HEASTIE,
  HOOPER, ROBINSON, TITONE -- read once and referred to the Committee on
  Codes -- recommitted to the Committee  on  Codes  in  accordance  with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN  ACT to amend the criminal procedure law, in relation to establishing
  the earned amnesty act of 2014; 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 2014".
  S  2.  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 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07462-02-4
              

A. 4209--A                          2

  (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.
  (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

A. 4209--A                          3

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;
  (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  SHALL  ANNUALLY  FILE  A
REPORT  WITH THE GOVERNOR, THE SPEAKER AND MINORITY LEADER OF THE ASSEM-
BLY 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  APPLICATIONS  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,  2018 when upon such date the provisions of this act shall
be deemed repealed.