S T A T E O F N E W Y O R K
________________________________________________________________________
5385
2013-2014 Regular Sessions
I N S E N A T E
May 16, 2013
___________
Introduced by Sen. ZELDIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law and the executive law, in
relation to permitting the sealing of records of certain nonviolent
misdemeanor or non-sexual misdemeanor offenses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "second
chance for ex-offenders act".
S 2. The criminal procedure law is amended by adding a new section
160.65 to read as follows:
S 160.65 CONDITIONAL SEALING OF CERTAIN OFFENSES.
1. FOR THE PURPOSES OF THIS SECTION, THE TERM "ELIGIBLE OFFENSE" SHALL
BE: (A) A MISDEMEANOR OFFENSE DEFINED IN THE PENAL LAW, PROVIDED THAT AN
ELIGIBLE OFFENSE SHALL NOT MEAN A MISDEMEANOR OFFENSE DEFINED IN ARTICLE
ONE HUNDRED TWENTY EXCEPT ASSAULT IN THE THIRD DEGREE AS DEFINED BY
SECTION 120.00, UNLESS COMMITTED IN THE COURSE OF A DOMESTIC VIOLENCE
INCIDENT, ONE HUNDRED TWENTY-ONE, ONE HUNDRED THIRTY, ONE HUNDRED THIR-
TY-FIVE, ONE HUNDRED FIFTY, TWO HUNDRED THIRTY-FIVE, TWO HUNDRED FORTY-
FIVE, TWO HUNDRED SIXTY, TWO HUNDRED SIXTY-THREE, TWO HUNDRED SIXTY-FIVE
OR ARTICLE FOUR HUNDRED OF THE PENAL LAW. AN ELIGIBLE OFFENSE SHALL ALSO
NOT INCLUDE ANY ONE OR MORE OF THE FOLLOWING: CRIMINAL SOLICITATION IN
THE FOURTH DEGREE AS DEFINED BY SUBDIVISION TWO OF SECTION 100.05;
CONSPIRACY IN THE FIFTH DEGREE AS DEFINED IN SECTION 105.05, PUNISHMENT
AS DEFINED IN SUBDIVISION SEVEN OF SECTION 110.05, CRIMINAL FACILITATION
IN THE FOURTH DEGREE AS DEFINED BY SECTION 115.00, CRIMINAL OBSTRUCTION
OF BREATHING OR BLOOD CIRCULATION AS DEFINED IN SECTION 121.11, ISSUING
ABORTIONAL ARTICLES AS DEFINED IN SECTION 125.60, CRIMINAL MISCHIEF IN
THE FOURTH DEGREE AS DEFINED IN SECTION 145.00, CRIMINAL TAMPERING IN
THE SECOND DEGREE AS DEFINED IN SECTION 145.15, TAMPERING WITH A CONSUM-
ER PRODUCT IN THE SECOND DEGREE AS DEFINED IN SECTION 145.40, WELFARE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06526-11-3
S. 5385 2
FRAUD IN THE FIFTH DEGREE AS DEFINED IN SECTION 158.05, CRIMINAL USE OF
A PUBLIC BENEFIT CARD IN THE SECOND DEGREE AS DEFINED IN SECTION 158.30,
UNLAWFUL USE OF A CREDIT CARD, DEBIT CARD OR PUBLIC BENEFIT CARD AS
DEFINED IN SECTION 165.17, FRAUDULENTLY OBTAINING A SIGNATURE AS DEFINED
IN SECTION 165.20, FRAUDULENTLY ACCOSTING AS DEFINED IN SECTION 165.30,
FORGERY IN THE THIRD DEGREE AS DEFINED IN SECTION 170.05, CRIMINAL
POSSESSION OF AN ANTI-SECURITY ITEM AS DEFINED IN SECTION 170.47, FALSI-
FYING BUSINESS RECORDS IN THE SECOND DEGREE AS DEFINED IN SECTION
175.05, TAMPERING WITH PUBLIC RECORDS IN THE SECOND DEGREE AS DEFINED IN
SECTION 175.20, OFFERING A FALSE INSTRUMENT FOR FILING IN THE SECOND
DEGREE AS DEFINED IN SECTION 175.30, ISSUING A FALSE FINANCIAL STATEMENT
AS DEFINED IN SECTION 175.45, INSURANCE FRAUD IN THE FIFTH DEGREE AS
DEFINED IN SECTION 176.10, HEALTH CARE FRAUD IN THE FIFTH DEGREE AS
DEFINED IN SECTION 177.05, COMMERCIAL BRIBING IN THE SECOND DEGREE AS
DEFINED IN SECTION 180.00, COMMERCIAL BRIBE RECEIVING IN THE SECOND
DEGREE AS DEFINED IN SECTION 180.05, RENT GOUGING IN THE THIRD DEGREE AS
DEFINED IN SECTION 180.55, RENT GOUGING IN THE SECOND DEGREE AS DEFINED
IN SECTION 180.56, FRAUD IN INSOLVENCY AS DEFINED IN SECTION 185.00,
FRAUD INVOLVING A SECURITY INTEREST AS DEFINED IN SECTION 185.05, FRAU-
DULENT DISPOSITION OF MORTGAGED PROPERTY AS DEFINED IN SECTION 185.10,
FRAUDULENT DISPOSITION OF PROPERTY SUBJECT TO A CONDITIONAL SALE
CONTRACT AS DEFINED IN SECTION 185.15, RESIDENTIAL MORTGAGE FRAUD IN THE
FIFTH DEGREE AS DEFINED IN SECTION 187.05, ISSUING A BAD CHECK AS
DEFINED IN SECTION 190.05, CRIMINAL SALE OF A POLICE UNIFORM AS DEFINED
IN SECTION 190.27, MISCONDUCT BY CORPORATE OFFICIAL AS DEFINED IN
SECTION 190.35, MAKING A FALSE STATEMENT OF CREDIT TERMS AS DEFINED IN
SECTION 190.55, SCHEME TO DEFRAUD IN THE SECOND DEGREE AS DEFINED IN
SECTION 190.60, SCHEME TO DEFRAUD THE STATE BY UNLAWFULLY SELLING
PRESCRIPTIONS AS DEFINED IN SECTION 190.70, CRIMINAL USE OF AN ACCESS
DEVICE IN THE SECOND DEGREE AS DEFINED IN SECTION 190.75, IDENTITY THEFT
IN THE THIRD DEGREE AS DEFINED IN SECTION 190.78, UNLAWFUL POSSESSION OF
A SKIMMER DEVICE IN THE SECOND DEGREE AS DEFINED IN SECTION 190.85,
OFFICIAL MISCONDUCT AS DEFINED IN SECTION 195.00, KILLING OR INJURING A
POLICE ANIMAL AS DEFINED IN SECTION 195.06, REFUSING TO AID A PEACE OR
POLICE OFFICER AS DEFINED IN SECTION 195.10, HARMING AN ANIMAL TRAINED
TO AID A PERSON WITH A DISABILITY IN THE SECOND DEGREE AS DEFINED IN
SECTION 195.11, HARMING AN ANIMAL TRAINED TO AID A PERSON WITH A DISA-
BILITY IN THE FIRST DEGREE AS DEFINED IN SECTION 195.12, ESCAPE IN THE
THIRD DEGREE AS DEFINED IN SECTION 205.05, ABSCONDING FROM TEMPORARY
RELEASE IN THE SECOND DEGREE AS DEFINED IN SECTION 205.16, ABSCONDING
FROM A FURLOUGH PROGRAM AS DEFINED IN SECTION 205.18, PROMOTING PRISON
CONTRABAND IN THE SECOND DEGREE AS DEFINED IN SECTION 205.20, HINDERING
PROSECUTION IN THE THIRD DEGREE AS DEFINED IN SECTION 205.55, MAKING AN
APPARENTLY FALSE SWORN STATEMENT IN THE SECOND DEGREE AS DEFINED IN
SECTION 210.35, MAKING A PUNISHABLE FALSE WRITTEN STATEMENT AS DEFINED
IN SECTION 210.45, TAMPERING WITH A WITNESS IN THE FORTH DEGREE AS
DEFINED IN SECTION 215.10, CRIMINAL CONTEMPT IN THE SECOND DEGREE AS
DEFINED IN SECTION 215.50, CRIMINAL POSSESSION OF METHAMPHETAMINE MANU-
FACTURING MATERIAL IN THE SECOND DEGREE AS DEFINED IN SECTION 220.70,
PROMOTING PROSTITUTION IN THE FOURTH DEGREE AS DEFINED IN SECTION
230.20, RIOT IN THE SECOND DEGREE AS DEFINED IN SECTION 240.05, INCITING
TO RIOT AS DEFINED IN SECTION 240.08, DISRUPTION OR DISTURBANCE OF A
RELIGIOUS SERVICE, FUNERAL, BURIAL OR MEMORIAL SERVICE AS DEFINED IN
SECTION 240.21, HARASSMENT IN THE FIRST DEGREE AS DEFINED IN SECTION
240.25, CRIMINAL NUISANCE IN THE SECOND DEGREE AS DEFINED BY SECTION
240.45, DISSEMINATING A FALSE REGISTERED SEX OFFENDER NOTICE AS DEFINED
S. 5385 3
IN SECTION 240.48, CRIMINAL INTERFERENCE WITH HEALTH CARE SERVICES OR
RELIGIOUS WORSHIP IN THE SECOND DEGREE AS DEFINED IN SECTION 240.70,
INTERFERENCE, HARASSMENT OR INTIMIDATION OF A SERVICE ANIMAL AS DEFINED
IN SECTION 242.05, HARMING A SERVICE ANIMAL IN THE SECOND DEGREE AS
DEFINED IN SECTION 242.10, DISSEMINATION OF AN UNLAWFUL SURVEILLANCE
IMAGE IN THE SECOND DEGREE AS DEFINED IN SECTION 250.55, NON-SUPPORT OF
A CHILD IN THE SECOND DEGREE AS DEFINED IN SECTION 260.05, MISREPRESEN-
TATION BY A CHILD DAY CARE PROVIDER AS DEFINED IN SECTION 260.31, UNLAW-
FULLY FLEEING A POLICE OFFICER IN A MOTOR VEHICLE IN THE THIRD DEGREE AS
DEFINED IN SECTION 270.25 OR ANY SPECIFIED OFFENSE SUBJECT TO THE
PROVISION RELATING TO HATE CRIMES AS DEFINED IN SECTION 485.05 OF THE
PENAL LAW. ADDITIONALLY, AN ELIGIBLE OFFENSE SHALL NOT INCLUDE CRIMINAL
SOLICITATION, CONSPIRACY, ATTEMPT, OR CRIMINAL FACILITATION TO COMMIT
ANY VIOLENT FELONY OFFENSE AS DEFINED IN SECTION 70.02 OF THE PENAL LAW,
OR ANY SEX OFFENSE AS DEFINED UNDER SUBDIVISION TWO OF SECTION ONE
HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW. "ELIGIBLE OFFENSE" SHALL
ALSO INCLUDE RECKLESS DRIVING, AS DEFINED BY SECTION TWELVE HUNDRED
TWELVE OF THE VEHICLE AND TRAFFIC LAW;
(B) ANY NON-CRIMINAL OFFENSE; OR
(C) ANY YOUTHFUL OFFENDER ADJUDICATION.
2. A PERSON HAVING A CONVICTION FOR NO MORE THAN THREE OFFENSES, WHO
DOES NOT STAND CONVICTED OF ANY FELONY, AND WHO IS NOT REQUIRED TO MAIN-
TAIN REGISTRATION UNDER ARTICLE SIX-C OF THE CORRECTION LAW, MAY PETI-
TION THE COURT WHICH ISSUED THE CONVICTION TO CONDITIONALLY SEAL UP TO
THREE ELIGIBLE OFFENSES WHEN:
(A) AT LEAST FIVE YEARS HAVE PASSED SINCE THE COMPLETION OF A SENTENCE
ON AN ELIGIBLE OFFENSE; AND
(B) SUCH PERSON HAS NOT BEEN CONVICTED OF A PENAL LAW OFFENSE DURING
THE LAST SEVEN YEARS AND IS NOT THE SUBJECT OF AN UNDISPOSED ARREST.
3. THE PETITION AUTHORIZED BY THIS SECTION SHALL BE FILED IN THE COURT
OF RECORD THAT IMPOSED THE SENTENCE UPON PETITIONER FOR THE ELIGIBLE
OFFENSE. ON THE DEFENDANT'S MOTION, THE COURT WHICH IMPOSED THE SENTENCE
FOR THE ELIGIBLE OFFENSE MAY ORDER THAT THE OFFICIAL RECORDS AND PAPERS
RELATING TO THE ARREST, PROSECUTION AND CONVICTION RECORDS FOR THE
MATTER WHICH THEY DISPOSED OF BE CONDITIONALLY SEALED. ANY SEALING
ORDERED PURSUANT TO THIS SECTION SHALL ALSO RENDER THE ASSOCIATED ARREST
A NULLITY. PRIOR TO SEALING ANY ARREST RECORDS, PROSECUTIONS, OR
CONVICTIONS:
(A) THE SENTENCING COURT MUST REQUEST AND RECEIVE FROM THE DIVISION OF
CRIMINAL JUSTICE SERVICES OR THE FEDERAL BUREAU OF INVESTIGATION A FING-
ERPRINT BASED CRIMINAL HISTORY RECORD OF THE DEFENDANT, INCLUDING ANY
SEALED OR SUPPRESSED INFORMATION. THE DIVISION OF CRIMINAL JUSTICE
SERVICES SHALL ALSO INCLUDE A CRIMINAL HISTORY REPORT, IF ANY, FROM THE
FEDERAL BUREAU OF INVESTIGATION REGARDING ANY CRIMINAL HISTORY INFORMA-
TION THAT OCCURRED IN OTHER JURISDICTIONS. THE DIVISION IS HEREBY
AUTHORIZED TO RECEIVE SUCH INFORMATION FROM THE FEDERAL BUREAU OF INVES-
TIGATION FOR THIS PURPOSE. THE PARTIES SHALL BE PERMITTED TO EXAMINE
THESE RECORDS;
(B) THE DEFENDANT OR COURT MUST IDENTIFY THE ELIGIBLE OFFENSE OR
OFFENSES FOR WHICH RELIEF MAY BE GRANTED;
(C) THE COURT MUST RECEIVE DOCUMENTATION THAT THE SENTENCE IMPOSED ON
THE ELIGIBLE OFFENSE OR ELIGIBLE OFFENSES HAS BEEN COMPLETED, OR IF NO
SUCH DOCUMENTATION IS REASONABLY AVAILABLE, A SWORN AFFIDAVIT THAT THE
SENTENCES IMPOSED ON THE PRIOR OFFENSES HAVE BEEN COMPLETED;
S. 5385 4
(D) THE DEFENDANT MUST PAY A TWO HUNDRED DOLLAR FILING FEE. THE FILING
FEE MAY BE WAIVED IN CASES OF INDIGENCE AS DETERMINED BY THE PRESIDING
JUDGE.
4. AT THE REQUEST OF THE DEFENDANT OR THE DISTRICT ATTORNEY THE COURT
MAY CONDUCT A HEARING TO CONSIDER AND REVIEW ANY RELEVANT EVIDENCE
OFFERED BY EITHER PARTY THAT WOULD AID THE COURT IN ITS DECISION WHETHER
TO SEAL THE RECORDS OF THE DEFENDANT'S ARRESTS, PROSECUTIONS AND
CONVICTIONS. IN MAKING SUCH A DETERMINATION, THE COURT SHALL CONSIDER
ANY RELEVANT FACTORS, INCLUDING BUT NOT LIMITED TO:
(A) THE CIRCUMSTANCES AND SERIOUSNESS OF THE OFFENSE OR OFFENSES THAT
RESULTED IN THE CONVICTION OR CONVICTIONS;
(B) THE CHARACTER OF THE DEFENDANT, INCLUDING WHAT STEPS THE PETITION-
ER HAS TAKEN SINCE THE TIME OF THE OFFENSE TOWARD PERSONAL REHABILI-
TATION, INCLUDING TREATMENT, WORK, SCHOOL, OR OTHER PERSONAL HISTORY
THAT DEMONSTRATES REHABILITATION;
(C) THE DEFENDANT'S CRIMINAL HISTORY;
(D) THE DEFENDANT'S CIVIC SERVICE RECORD;
(E) THE IMPACT OF SEALING THE DEFENDANT'S RECORDS UPON HIS OR HER
REHABILITATION AND HIS OR HER SUCCESSFUL AND PRODUCTIVE REENTRY AND
REINTEGRATION INTO SOCIETY, AND ON PUBLIC SAFETY; AND
(F) ANY STATEMENTS MADE BY THE VICTIM OF THE OFFENSE WHERE THERE IS IN
FACT A VICTIM OF THE CRIME.
5. A DECISION GRANTING OR DENYING A MOTION UNDER THIS SECTION SHALL BE
MADE IN WRITING AND SHALL STATE THE REASONS FOR THE COURT'S RULING,
UNLESS THE COURT GRANTS THE MOTION WITHOUT OBJECTION OR WRITTEN RESPONSE
BY THE PROSECUTOR, IN WHICH CASE THE COURT MAY ISSUE AN ORDER WITHOUT A
WRITTEN DECISION. IF SEALING IS DENIED, THE APPLICANT MAY APPEAL THE
DECISION IN ACCORDANCE WITH SUBDIVISION SIX OF THIS SECTION, OR THE
APPLICANT MAY REAPPLY AFTER THREE YEARS.
6. EITHER PARTY MAY APPEAL AS OF RIGHT FROM THE COURT'S ORDER. THE
APPEALING PARTY MUST SERVE NOTICE OF APPEAL UPON THE COURT AND THE
OPPOSING PARTY WITHIN THIRTY DAYS OF THE ISSUANCE OF THE COURT ORDER. IF
THE ORDER IS APPEALED BY THE PROSECUTOR, SUCH NOTICE OF APPEAL SHALL BE
DEEMED A STAY OF THE ORDER TO SEAL THE RECORDS. THE PROSECUTOR SHALL
PERFECT THE APPEAL WITHIN SIXTY DAYS, OR THE SEALING ORDER SHALL IMME-
DIATELY TAKE EFFECT UNLESS THE COURT GRANTS AN EXTENSION OF THE TIME TO
PERFECT THE APPEAL UPON GOOD CAUSE SHOWN BY THE PROSECUTOR. THE APPEAL
SHALL BE TAKEN TO THE SAME COURT TO WHICH THE APPEAL OF THE ORIGINAL
CONVICTION COULD HAVE BEEN BROUGHT. THE STANDARD OF REVIEW AT THE INTER-
MEDIARY APPELLATE COURT SHALL BE ABUSE OF DISCRETION. THE DECISION OF AN
INTERMEDIARY APPELLATE COURT SHALL BE APPEALABLE TO THE COURT OF APPEALS
UPON LEAVE OF THE COURT.
7. WHEN A COURT ORDERS SEALING PURSUANT TO THIS SECTION, ALL OFFICIAL
RECORDS AND PAPERS RELATING TO THE ARRESTS, PROSECUTIONS, AND
CONVICTIONS, INCLUDING ALL DUPLICATES AND COPIES THEREOF, ON FILE WITH
THE DIVISION OF CRIMINAL JUSTICE SERVICES OR ANY COURT SHALL BE SEALED
AND NOT MADE AVAILABLE TO ANY PERSON OR PUBLIC OR PRIVATE AGENCY;
PROVIDED, HOWEVER, THE DIVISION SHALL RETAIN ANY FINGERPRINTS, PALM-
PRINTS, PHOTOGRAPHS, OR DIGITAL IMAGES OF THE SAME.
8. WHEN THE COURT ORDERS SEALING PURSUANT TO THIS SECTION, THE CLERK
OF SUCH COURT SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF THE DIVISION
OF CRIMINAL JUSTICE SERVICES AND THE DEFENDANT REGARDING THE RECORDS
THAT SHALL BE SEALED PURSUANT TO THIS SECTION.
9. RECORDS SEALED PURSUANT TO THIS SUBDIVISION SHALL BE MADE AVAILABLE
TO:
(A) THE DEFENDANT OR THE DEFENDANT'S DESIGNATED AGENT;
S. 5385 5
(B) QUALIFIED AGENCIES, AS DEFINED IN SUBDIVISION NINE OF SECTION
EIGHT HUNDRED THIRTY-FIVE OF THE EXECUTIVE LAW, AND FEDERAL AND STATE
LAW ENFORCEMENT AGENCIES, WHEN ACTING WITHIN THE SCOPE OF THEIR LAW
ENFORCEMENT DUTIES EXCEPT THAT RECORDS MAY NOT BE USED SOLELY FOR LITI-
GATION PURPOSES;
(C) ANY STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY FOR THE
ISSUANCE OF LICENSES TO POSSESS GUNS, WHEN THE PERSON HAS MADE APPLICA-
TION FOR SUCH A LICENSE; OR
(D) ANY PROSPECTIVE EMPLOYER OF A POLICE OFFICER OR PEACE OFFICER AS
THOSE TERMS ARE DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR OF
SECTION 1.20 OF THIS CHAPTER, IN RELATION TO AN APPLICATION FOR EMPLOY-
MENT AS A POLICE OFFICER OR PEACE OFFICER; PROVIDED, HOWEVER, THAT EVERY
PERSON WHO IS AN APPLICANT FOR THE POSITION OF POLICE OFFICER OR PEACE
OFFICER SHALL BE FURNISHED WITH A COPY OF ALL RECORDS OBTAINED UNDER
THIS PARAGRAPH AND AFFORDED AN OPPORTUNITY TO MAKE AN EXPLANATION THERE-
TO.
10. THE COURT SHALL NOT SEAL THE DEFENDANT'S RECORD PURSUANT TO THIS
SECTION WHILE ANY CHARGED OFFENSE IS PENDING.
11. IF, SUBSEQUENT TO THE SEALING OF RECORDS PURSUANT TO THIS SUBDIVI-
SION, A PERSON WHO IS THE SUBJECT OF SUCH RECORDS IS FOUND GUILTY OF ANY
MISDEMEANOR OR FELONY OFFENSE, SUCH RECORDS SHALL BE UNSEALED IMMEDIATE-
LY AND REMAIN UNSEALED.
12. THE RIGHT TO MAKE AN APPLICATION UNDER THIS SECTION MAY NOT BE
WAIVED AT THE TIME A GUILTY PLEA IS ENTERED ON ANY CASE IN NEW YORK
STATE.
S 3. Subdivision 16 of section 296 of the executive law, as separately
amended by section 3 of part N and section 14 of part AAA of chapter 56
of the laws of 2009, is amended to read as follows:
16. It shall be an unlawful discriminatory practice, unless specif-
ically required or permitted by statute, for any person, agency, bureau,
corporation or association, including the state and any political subdi-
vision thereof, to make any inquiry about, whether in any form of appli-
cation or otherwise, or to act upon adversely to the individual
involved, any arrest or criminal accusation of such individual not then
pending against that individual which was followed by a termination of
that criminal action or proceeding in favor of such individual, as
defined in subdivision two of section 160.50 of the criminal procedure
law, or by a youthful offender adjudication, as defined in subdivision
one of section 720.35 of the criminal procedure law, or by a conviction
for a violation sealed pursuant to section 160.55 of the criminal proce-
dure law or by a conviction which is sealed pursuant to section 160.58
of the criminal procedure law, OR BY A CONVICTION WHICH IS SEALED PURSU-
ANT TO SECTION 160.65 OF THE CRIMINAL PROCEDURE LAW, in connection with
the licensing, employment or providing of credit or insurance to such
individual; provided, further, that no person shall be required to
divulge information pertaining to any arrest or criminal accusation of
such individual not then pending against that individual which was
followed by a termination of that criminal action or proceeding in favor
of such individual, as defined in subdivision two of section 160.50 of
the criminal procedure law, or by a youthful offender adjudication, as
defined in subdivision one of section 720.35 of the criminal procedure
law, or by a conviction for a violation sealed pursuant to section
160.55 of the criminal procedure law, or by a conviction which is sealed
pursuant to section 160.58 of the criminal procedure law, OR BY A
CONVICTION WHICH IS SEALED PURSUANT TO SECTION 160.65 OF THE CRIMINAL
PROCEDURE LAW. The provisions of this subdivision shall not apply to the
S. 5385 6
licensing activities of governmental bodies in relation to the regu-
lation of guns, firearms and other deadly weapons or in relation to an
application for employment as a police officer or peace officer as those
terms are defined in subdivisions thirty-three and thirty-four of
section 1.20 of the criminal procedure law; provided further that the
provisions of this subdivision shall not apply to an application for
employment or membership in any law enforcement agency with respect to
any arrest or criminal accusation which was followed by a youthful
offender adjudication, as defined in subdivision one of section 720.35
of the criminal procedure law, or by a conviction for a violation sealed
pursuant to section 160.55 of the criminal procedure law, or by a
conviction which is sealed pursuant to section 160.58 of the criminal
procedure law, OR BY A CONVICTION WHICH IS SEALED PURSUANT TO SECTION
160.65 OF THE CRIMINAL PROCEDURE LAW.
S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall apply to all convictions occurring
prior to, on, and after such date.