S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9607
                                 I N  A S S E M B L Y
                                     May 12, 2014
                                      ___________
       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:
    1    Section  1.  Section  750 of the correction law is amended by adding a
    2  new subdivision 6 to read as follows:
    3    (6) "CONVICTION OF ONE OR MORE CRIMINAL OFFENSES" MEANS  A  CONVICTION
    4  OR  CONVICTIONS THAT HAS OR HAVE NOT BEEN SEALED PURSUANT TO ARTICLE ONE
    5  HUNDRED SIXTY OF THE CRIMINAL PROCEDURE LAW; AND A PERSON WHO  HAS  BEEN
    6  "CONVICTED  OF  ONE  OR  MORE  CRIMINAL  OFFENSES"  MEANS A PERSON WHOSE
    7  CONVICTION OR CONVICTIONS HAS OR HAVE NOT BEEN SEALED PURSUANT  TO  SUCH
    8  ARTICLE.  PROVIDED,  HOWEVER,  THIS  SUBDIVISION  SHALL  NOT  APPLY TO A
    9  CONVICTION WHERE USE OF SUCH  CONVICTION  FOR  A  PURPOSE  SPECIFIED  IN
   10  SUBDIVISION  SIXTEEN  OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE
   11  LAW WOULD NOT CONSTITUTE AN UNLAWFUL DISCRIMINATORY PRACTICE PURSUANT TO
   12  SUCH SUBDIVISION.
   13    S 2. The opening paragraph of subdivision 1 of section 160.55  of  the
   14  criminal  procedure  law, as amended by chapter 169 of the laws of 1994,
   15  is amended to read as follows:
   16    Upon the termination of a criminal action or  proceeding  CHARGING  AN
   17  OFFENSE  against  a person by the conviction of such person of a traffic
   18  infraction or a violation,  other  than  a  violation  of  loitering  as
   19  described in paragraph (d) [or (e)] of subdivision one of section 160.10
   20  of  this [chapter] ARTICLE or the violation of operating a motor vehicle
   21  while ability impaired as described in subdivision one of section eleven
   22  hundred ninety-two of the vehicle and traffic law, unless  the  district
   23  attorney  upon motion with not less than five days notice to such person
   24  or his or her attorney demonstrates to the  satisfaction  of  the  court
   25  that the interests of justice require otherwise, or the court on its own
   26  motion  with not less than five days notice to such person or his or her
   27  attorney determines that the interests of justice require otherwise  and
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14355-03-4
       A. 9607                             2
    1  states  the  reasons  for such determination on the record, the clerk of
    2  the court wherein such criminal  action  or  proceeding  was  terminated
    3  shall  immediately  notify  the commissioner of the division of criminal
    4  justice services and the heads of all appropriate police departments and
    5  other  law  enforcement  agencies that the action has been terminated by
    6  such conviction. Upon receipt of notification of such termination:
    7    S 3. The criminal procedure law is amended by  adding  a  new  section
    8  160.65 to read as follows:
    9  S 160.65 SEALING THE RECORD OF A CONVICTION.
   10    1.  PETITION  FOR  SEALING;  WHEN PETITION MAY BE MADE. SUBJECT TO THE
   11  PROVISIONS OF THIS SECTION, A PERSON MAY PETITION A  SUPERIOR  COURT  TO
   12  SEAL  THE RECORD OF HIS OR HER CONVICTION FOR A PAST CRIMINAL OFFENSE OR
   13  OFFENSES PROVIDED HE OR SHE HAS BROUGHT NO SUCH PETITION IN THE  PRECED-
   14  ING TWO YEARS AND:
   15    (A)  SUCH  PERSON  HAS  BEEN  CONVICTED OF NOT MORE THAN ONE CRIME, AT
   16  LEAST TEN YEARS HAVE ELAPSED SINCE SUCH PERSON  WAS  CONVICTED  OF  THAT
   17  CRIME AND THAT CRIME WAS A FELONY OFFENSE OTHER THAN (I) A VIOLENT FELO-
   18  NY  OFFENSE  AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF THE PENAL
   19  LAW, (II) ANY OFFENSE FOR WHICH A TERM OF LIFE IMPRISONMENT  IS  AUTHOR-
   20  IZED,  (III)  AN  OFFENSE SPECIFIED IN ARTICLE ONE HUNDRED THIRTY OR TWO
   21  HUNDRED SIXTY-THREE OF THE PENAL LAW, (IV) AN OFFENSE SPECIFIED IN ARTI-
   22  CLE ONE HUNDRED NINETY-FIVE OR TWO HUNDRED OF THE PENAL  LAW  WHERE  THE
   23  PETITIONER  WAS  A  PUBLIC  SERVANT  AT  THE TIME OF THE OFFENSE, (V) AN
   24  OFFENSE SPECIFIED IN SECTION ELEVEN HUNDRED NINETY-TWO  OF  THE  VEHICLE
   25  AND  TRAFFIC LAW, OR (VI) ANY CRIME SPECIFIED IN THE PENAL LAW FOR WHICH
   26  A VIOLATION OF ANY PROVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE
   27  VEHICLE AND TRAFFIC LAW IS AN ESSENTIAL ELEMENT; OR
   28    (B) SUCH PERSON HAS NOT BEEN CONVICTED OF A  FELONY,  AT  LEAST  SEVEN
   29  YEARS HAVE ELAPSED SINCE SUCH PERSON WAS LAST CONVICTED OF A MISDEMEANOR
   30  AND  HE  OR  SHE  HAS  BEEN  CONVICTED OF NOT MORE THAN TWO MISDEMEANORS
   31  NEITHER OF WHICH WAS (I) AN OFFENSE SPECIFIED  IN  ARTICLE  ONE  HUNDRED
   32  THIRTY  OR  TWO  HUNDRED  SIXTY-THREE  OF THE PENAL LAW, (II) AN OFFENSE
   33  SPECIFIED IN ARTICLE ONE HUNDRED NINETY-FIVE OR TWO HUNDRED OF THE PENAL
   34  LAW WHERE THE PETITIONER WAS  A  PUBLIC  SERVANT  AT  THE  TIME  OF  THE
   35  OFFENSE,  OR  (III) AN OFFENSE SPECIFIED IN SECTION ELEVEN HUNDRED NINE-
   36  TY-TWO OF THE VEHICLE AND TRAFFIC LAW.   NOTWITHSTANDING THE  FOREGOING,
   37  IN  NO  EVENT MAY A PERSON BRING A PETITION UNDER THIS SECTION UNLESS HE
   38  OR SHE HAS COMPLETED ANY AND ALL SENTENCES HE OR SHE RECEIVED ON ACCOUNT
   39  OF SUCH CONVICTION OR CONVICTIONS. WHERE A PERSON HAS BEEN CONVICTED  OF
   40  A  CRIMINAL  OFFENSE  UNDER FEDERAL LAW OR THE LAW OF ANOTHER STATE, AND
   41  SUCH CONVICTION WOULD CONSTITUTE A FELONY UNDER THE PENAL  LAW  OF  THIS
   42  STATE,  SUCH  PERSON  MAY  NOT  BRING A PETITION UNDER THIS SECTION; AND
   43  WHERE SUCH CONVICTION WOULD CONSTITUTE A MISDEMEANOR, IT SHALL BE COUNT-
   44  ED FOR PURPOSES OF THIS PARAGRAPH AS IF IT WERE A MISDEMEANOR UNDER  THE
   45  PENAL LAW OF THIS STATE.
   46    FOR PURPOSES OF THIS SECTION, A PERSON SHALL HAVE COMPLETED A SENTENCE
   47  WHEN  HE OR SHE HAS SERVED IN FULL ANY TERM OF IMPRISONMENT AND FINISHED
   48  ANY TERM  OR  PERIOD  OF  PAROLE,  PROBATION,  CONDITIONAL  RELEASE  AND
   49  POST-RELEASE  SUPERVISION;  MADE ALL REQUIRED RESTITUTION; COMPLETED ALL
   50  REQUIRED COMMUNITY SERVICE; PAID  ALL  FINES  AND  SURCHARGES  ASSESSED,
   51  INCLUDING THOSE THAT WERE DEFERRED AND MADE SUBJECT TO COLLECTION IN THE
   52  SAME  MANNER AS A CIVIL JUDGMENT PURSUANT TO SUBDIVISION FIVE OF SECTION
   53  420.40 OF THIS CHAPTER; AND OTHERWISE SATISFIED ALL  CONDITIONS  IMPOSED
   54  BY THE SENTENCING COURT. FURTHER, THE PERIODS OF TIME SPECIFIED IN PARA-
   55  GRAPHS  (A)  AND  (B)  OF THIS SUBDIVISION SHALL BE TOLLED BY ANY PERIOD
   56  FROM THE DATE OF SENTENCE TO THE  DATE  WHEN  THE  PETITIONER  WAS  LAST
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    1  RELEASED  FROM  ANY PERIOD OF INCARCERATION ON ACCOUNT OF THE CONVICTION
    2  OR CONVICTIONS FOR WHICH SEALING IS SOUGHT.
    3    NO  PERSON  MAY  BRING A PETITION UNDER THIS SECTION WHILE ANY CHARGED
    4  CRIMINAL OFFENSE IS PENDING AGAINST HIM OR HER AND NO  PERSON  MAY  HAVE
    5  MORE  THAN  ONE  SUCH  PETITION  GRANTED DURING HIS OR HER LIFETIME. THE
    6  RIGHT TO BRING A PETITION HEREUNDER MAY NOT BE WAIVED.
    7    2. COURT TO WHICH PETITION UNDER THIS SECTION MUST BE BROUGHT;  FILING
    8  FEE; RESPONSIBILITIES OF THE COURT. (A) A PETITION TO SEAL THE RECORD OF
    9  A CONVICTION FOR A CRIMINAL OFFENSE SPECIFIED IN PARAGRAPH (A) OF SUBDI-
   10  VISION  ONE  OF  THIS  SECTION  MUST BE BROUGHT IN THE SUPERIOR COURT IN
   11  WHICH THE CONVICTION WAS ENTERED. A PETITION TO SEAL  THE  RECORD  OF  A
   12  CONVICTION FOR A CRIMINAL OFFENSE SPECIFIED IN PARAGRAPH (B) OF SUBDIVI-
   13  SION  ONE  OF  THIS  SECTION  MUST BE BROUGHT IN A SUPERIOR COURT OF THE
   14  COUNTY IN WHICH THE COURT IN WHICH THE CONVICTION WAS ENTERED IS LOCATED
   15  OR, IF THE PETITION IS TO  SEAL  THE  RECORDS  OF  MORE  THAN  ONE  SUCH
   16  CONVICTION,  THE  PETITION  MAY  BE BROUGHT IN THE SUPERIOR COURT OF ANY
   17  COUNTY IN WHICH A COURT IN WHICH ONE OR MORE  OF  SUCH  CONVICTIONS  WAS
   18  ENTERED  IS  LOCATED.  NO COURT MAY ACCEPT A PETITION UNDER THIS SECTION
   19  UNLESS IT IS ACCOMPANIED BY A FILING FEE OF NINETY-FIVE DOLLARS  PAYABLE
   20  TO  THE  CLERK  OF  THE COURT; PROVIDED, HOWEVER, SUCH FEE MAY BE WAIVED
   21  WHERE, DUE TO THE PETITIONER'S INDIGENCE,  PAYMENT  OF  THE  FILING  FEE
   22  WOULD  WORK AN UNREASONABLE HARDSHIP ON THE PERSON OR HIS OR HER IMMEDI-
   23  ATE FAMILY.
   24    (B) THE SUPERIOR COURT THAT RECEIVES A PETITION UNDER PARAGRAPH (A) OF
   25  THIS SUBDIVISION SHALL REQUEST FROM THE  DIVISION  OF  CRIMINAL  JUSTICE
   26  SERVICES  AND  THE  FEDERAL  BUREAU OF INVESTIGATION AN UPDATED CRIMINAL
   27  HISTORY RECORD OF THE PETITIONER, INCLUDING  ANY  SEALED  OR  SUPPRESSED
   28  INFORMATION.    UPON  RECEIPT  OF  THE REQUEST, THE DIVISION OF CRIMINAL
   29  JUSTICE SERVICES SHALL PROVIDE A CRIMINAL HISTORY REPORT AND SHALL  ALSO
   30  PROVIDE  A REPORT FROM THE FEDERAL BUREAU OF INVESTIGATION REGARDING ANY
   31  CRIMINAL HISTORY INFORMATION THAT OCCURRED IN OTHER JURISDICTIONS.   THE
   32  DIVISION  IS  HEREBY  AUTHORIZED  TO  RECEIVE  SUCH INFORMATION FROM THE
   33  FEDERAL BUREAU OF INVESTIGATION FOR THIS PURPOSE.
   34    (C) (1) PROVIDED THE PETITION COMPLIES WITH THE PROVISIONS OF SUBDIVI-
   35  SION ONE OF THIS SECTION AND THE PETITIONER  HAS  BEEN  CONVICTED  OF  A
   36  FELONY  OFFENSE,  THE  COURT,  IN ITS DISCRETION AND IN THE INTERESTS OF
   37  JUSTICE, MAY GRANT THE PETITION AND ORDER THE SEALING OF THE RECORDS  OF
   38  THE  PETITIONER'S  CONVICTION  OR MAY DISMISS THE PETITION. IF, HOWEVER,
   39  THE PETITIONER HAS NOT BEEN CONVICTED OF ANY FELONY OFFENSE,  THE  COURT
   40  MUST  GRANT  THE PETITION AND ORDER THE SEALING OF THE RECORDS OF ALL OF
   41  THE PETITIONER'S CONVICTIONS FOR OFFENSES WITHIN THE MEANING OF SUBDIVI-
   42  SION ONE OF SECTION 10.00 OF THE PENAL LAW. WHERE  THE  COURT  GRANTS  A
   43  PETITION  UNDER  THIS  SECTION, THE COURT MUST ALSO ORDER THE SEALING OF
   44  THE RECORDS OF ANY NON-CRIMINAL OFFENSE SCHEDULED IN THE  PETITION  THAT
   45  IS MORE THAN SEVEN YEARS OLD.
   46    (2)  WHERE  THE  COURT  HAS  DISCRETION TO GRANT OR DISMISS A PETITION
   47  PURSUANT TO SUBPARAGRAPH ONE OF THIS PARAGRAPH, IT MUST,  BEFORE  MAKING
   48  ITS  DETERMINATION,  NOTIFY THE DISTRICT ATTORNEY OF THE COUNTY IN WHICH
   49  THE PETITIONER WAS CONVICTED OF A FELONY AND ADVISE THAT  THE  COURT  IS
   50  CONSIDERING  SEALING THE RECORDS OF THAT CONVICTION. THE DISTRICT ATTOR-
   51  NEY MUST BE GIVEN A REASONABLE OPPORTUNITY, WHICH SHALL NOT BE LESS THAN
   52  THIRTY DAYS NOR MORE THAN SIXTY DAYS, IN WHICH  TO  COMMENT  AND  SUBMIT
   53  MATERIALS  TO  AID  THE  COURT IN DETERMINING THE PETITION. THE DISTRICT
   54  ATTORNEY MUST PROVIDE NOTICE TO THE VICTIM, IF ANY, OF THE PETITION  FOR
   55  SEALING  BY  MAILING  WRITTEN NOTICE TO THE VICTIM'S LAST-KNOWN ADDRESS.
   56  FOR PURPOSES OF THIS  PARAGRAPH,  "VICTIM"  MEANS  ANY  PERSON  WHO  HAS
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    1  SUSTAINED PHYSICAL OR FINANCIAL INJURY TO PERSON OR PROPERTY AS A DIRECT
    2  RESULT  OF  A  FELONY  THE  RECORD OF WHICH THE PETITIONER IS ASKING THE
    3  COURT TO SEAL.
    4    (3)  AT  THE  REQUEST  OF THE PETITIONER OR THE DISTRICT ATTORNEY OF A
    5  COUNTY WHO RECEIVES NOTIFICATION PURSUANT TO SUBPARAGRAPH  TWO  OF  THIS
    6  PARAGRAPH,  OR IN ITS OWN DISCRETION, THE COURT MAY CONDUCT A HEARING TO
    7  CONSIDER AND  REVIEW  ANY  RELEVANT  EVIDENCE,  INCLUDING  TESTIMONY  OF
    8  WITNESSES, OFFERED BY EITHER PARTY THAT WOULD AID THE COURT IN DETERMIN-
    9  ING  WHETHER  TO  ORDER  THE  SEALING OF THE RECORDS OF THE PETITIONER'S
   10  CONVICTIONS.
   11    (4) WHERE THE COURT HAS DISCRETION TO  GRANT  OR  DISMISS  A  PETITION
   12  PURSUANT  TO  SUBPARAGRAPH  ONE  OF THIS PARAGRAPH, IT MUST CONSIDER ANY
   13  RELEVANT FACTORS, INCLUDING BUT NOT LIMITED TO:  (I)  THE  CIRCUMSTANCES
   14  AND SERIOUSNESS OF THE OFFENSE THAT RESULTED IN THE CONVICTION; (II) THE
   15  CHARACTER  OF  THE  PETITIONER, INCLUDING WHAT STEPS HE OR SHE HAS TAKEN
   16  SINCE THE TIME OF HIS OR HER  OFFENSE  TOWARD  PERSONAL  REHABILITATION,
   17  INCLUDING TREATMENT, WORK, SCHOOL, OR OTHER PERSONAL HISTORY THAT DEMON-
   18  STRATES  REHABILITATION;  (III)  THE PETITIONER'S CRIMINAL HISTORY; (IV)
   19  THE IMPACT OF SEALING THE PETITIONER'S RECORDS UPON HIS OR HER REHABILI-
   20  TATION AND HIS OR HER SUCCESSFUL  AND  PRODUCTIVE  REENTRY  AND  REINTE-
   21  GRATION  INTO  SOCIETY,  AND  UPON PUBLIC SAFETY; AND (V) ANY STATEMENTS
   22  MADE BY ANY VICTIM OF AN OFFENSE COMMITTED BY THE PETITIONER WHERE THERE
   23  WAS IN FACT A VICTIM OF SUCH OFFENSE.
   24    (5) WHEN A COURT ORDERS THE SEALING OF THE RECORD  OF  A  PETITIONER'S
   25  CONVICTION  OR  CONVICTIONS,  THE  CLERK OF SUCH COURT SHALL IMMEDIATELY
   26  NOTIFY THE COMMISSIONER OF THE DIVISION OF  CRIMINAL  JUSTICE  SERVICES,
   27  THE  HEADS  OF  ALL  APPROPRIATE  POLICE  DEPARTMENTS  AND ALL OTHER LAW
   28  ENFORCEMENT AGENCIES,  AND  ANY  COURT  THAT  SENTENCED  THE  PETITIONER
   29  FOLLOWING  CONVICTION  OF AN OFFENSE THE RECORD OF WHICH MUST BE SEALED,
   30  OF SUCH ORDER. THEREUPON, ALL OFFICIAL RECORDS AND  PAPERS  RELATING  TO
   31  THE  PETITIONER'S  ARRESTS,  PROSECUTIONS AND CONVICTIONS, INCLUDING ALL
   32  DUPLICATES AND COPIES THEREOF, ON FILE WITH THE DIVISION  OR  ANY  COURT
   33  SHALL  BE  SEALED  AND  NOT  MADE  AVAILABLE  TO ANY PERSON OR PUBLIC OR
   34  PRIVATE AGENCY; PROVIDED, HOWEVER, THE DIVISION SHALL RETAIN ANY FINGER-
   35  PRINTS, PALMPRINTS, PHOTOGRAPHS OR DIGITAL IMAGES OF THE SAME.
   36    (6) NOTWITHSTANDING  SUBPARAGRAPH  FIVE  OF  THIS  PARAGRAPH,  RECORDS
   37  SEALED PURSUANT TO SUCH SUBPARAGRAPH SHALL BE MADE AVAILABLE TO: (I) THE
   38  PETITIONER  OR  HIS OR HER DESIGNATED AGENT; (II) QUALIFIED AGENCIES, AS
   39  DEFINED IN SUBDIVISION NINE OF SECTION EIGHT HUNDRED THIRTY-FIVE OF  THE
   40  EXECUTIVE  LAW,  AND  FEDERAL  AND  STATE LAW ENFORCEMENT AGENCIES, WHEN
   41  ACTING WITHIN THE SCOPE OF THEIR LAW ENFORCEMENT DUTIES; (III) ANY STATE
   42  OR LOCAL OFFICER OR AGENCY  WITH  RESPONSIBILITY  FOR  THE  ISSUANCE  OF
   43  LICENSES  TO  POSSESS  GUNS, WHEN THE PETITIONER HAS MADE AN APPLICATION
   44  FOR SUCH A LICENSE; (IV) ANY PROSPECTIVE EMPLOYER OF A POLICE OFFICER OR
   45  PEACE OFFICER AS THOSE TERMS ARE DEFINED  IN  SUBDIVISIONS  THIRTY-THREE
   46  AND  THIRTY-FOUR  OF  SECTION  1.20  OF  THIS CHAPTER, IN RELATION TO AN
   47  APPLICATION FOR  EMPLOYMENT  AS  A  POLICE  OFFICER  OR  PEACE  OFFICER,
   48  PROVIDED,  HOWEVER,  THAT EVERY PERSON WHO IS AN APPLICANT FOR THE POSI-
   49  TION OF POLICE OFFICER OR PEACE OFFICER SHALL BE FURNISHED WITH  A  COPY
   50  OF ALL RECORDS OBTAINED UNDER THIS SUBPARAGRAPH AND AFFORDED AN OPPORTU-
   51  NITY  TO  MAKE  AN  EXPLANATION  THEREOF; (V) THE JUSTICE CENTER FOR THE
   52  PROTECTION OF PEOPLE WITH SPECIAL NEEDS, IN RELATION TO  PERFORMING  ITS
   53  DUTIES  UNDER  ARTICLE  TWENTY OF THE EXECUTIVE LAW; AND (VI) SUCH OTHER
   54  AND FURTHER OFFICERS, INDIVIDUALS, INSTITUTIONS AND AGENCIES, PUBLIC  OR
   55  PRIVATE, THAT EMPLOY PERSONS WHO THEREBY HAVE REGULAR CONTACT WITH CHIL-
   56  DREN  OR  OTHER  VULNERABLE  PERSONS  AS  THE CHIEF ADMINISTRATOR OF THE
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    1  COURTS MAY DESIGNATE, INCLUDING ALL OFFICERS, INDIVIDUALS,  INSTITUTIONS
    2  AND AGENCIES SUBJECT TO OPERATION, LICENSURE OR CERTIFICATION BY A STATE
    3  OVERSIGHT  AGENCY AS DEFINED IN SUBDIVISION FOUR OF SECTION FIVE HUNDRED
    4  FIFTY  OF  THE  EXECUTION LAW OR OTHERWISE SUBJECT TO OVERSIGHT OR REGU-
    5  LATION BY THE JUSTICE CENTER FOR THE PROTECTION OF PEOPLE  WITH  SPECIAL
    6  NEEDS.
    7    3.  DETERMINATION  TO  BE  IN  WRITING.  ANY DETERMINATION GRANTING OR
    8  DISMISSING A PETITION PURSUANT TO SUBDIVISION ONE OF THIS  SECTION  MUST
    9  BE  IN WRITING AND, WHERE THE COURT HAS DISCRETION TO MAKE SUCH DETERMI-
   10  NATION, SHALL STATE THE REASONS FOR THAT DETERMINATION.
   11    4. NO RELIEF OF DISABILITIES.  A  DETERMINATION  GRANTING  A  PETITION
   12  PURSUANT  TO SUBDIVISION ONE OF THIS SECTION SHALL NOT RELIEVE THE PETI-
   13  TIONER OF ANY FORFEITURE OR DISABILITY, OR REMOVE ANY BAR TO HIS OR  HER
   14  EMPLOYMENT,  AUTOMATICALLY  IMPOSED  BY  LAW  BY  REASON  OF  HIS OR HER
   15  CONVICTION OF THE OFFENSE  THE  RECORDS  OF  WHICH  ARE  THEREBY  SEALED
   16  PROVIDED,  HOWEVER,  A PETITION PURSUANT TO THIS SECTION FOR SEALING THE
   17  RECORD OF A CONVICTION MAY  BE  ACCOMPANIED  BY  AN  APPLICATION  FOR  A
   18  CERTIFICATE  OF  RELIEF  FROM DISABILITIES UNDER ARTICLE TWENTY-THREE OF
   19  THE CORRECTION LAW, IN WHICH EVENT THE COURT MUST DETERMINE SUCH  APPLI-
   20  CATION  AND  SUCH  DETERMINATION SHALL BE WITHOUT REGARD TO THE DETERMI-
   21  NATION OF THE PETITION FOR SEALING.    NOTHING  IN  THIS  SECTION  SHALL
   22  PROHIBIT  USE OF THE CONVICTION OF AN OFFENSE, THE RECORDS OF WHICH HAVE
   23  BEEN SEALED HEREUNDER, IN ANY SENTENCING PROCEEDING, OR AS AN ELEMENT OF
   24  AN OFFENSE IN ANY SUBSEQUENT CRIMINAL PROCEEDING  OR  REGULATORY  ACTION
   25  COMMENCED  AGAINST THE PETITIONER BY THE STATE OR ANY POLITICAL SUBDIVI-
   26  SION THEREOF.
   27    5. UNSEALING OF SEALED RECORDS. WHERE RECORDS OF A PERSON'S CONVICTION
   28  OR CONVICTIONS HAVE BEEN SEALED PURSUANT TO THIS SECTION, SUCH RECORD OR
   29  RECORDS SHALL BE UNSEALED: (A) IMMEDIATELY UPON SUCH PERSON BEING SUBSE-
   30  QUENTLY ARRAIGNED ON THE CHARGE OF ANY FELONY OFFENSE UNDER THE  LAW  OF
   31  THIS STATE, OR A CRIMINAL OFFENSE UNDER FEDERAL LAW OR THE LAW OF ANOTH-
   32  ER  STATE  THAT,  UNDER  THE PENAL LAW OF THIS STATE, WOULD CONSTITUTE A
   33  FELONY OFFENSE; OR (B) IMMEDIATELY UPON SUCH PERSON  BEING  SUBSEQUENTLY
   34  CONVICTED  OF  ANY MISDEMEANOR OFFENSE UNDER THE LAW OF THIS STATE, OR A
   35  CRIMINAL OFFENSE UNDER FEDERAL LAW OR THE LAW  OF  ANOTHER  STATE  THAT,
   36  UNDER  THE  PENAL  LAW  OF  THIS  STATE,  WOULD CONSTITUTE A MISDEMEANOR
   37  OFFENSE.  PROVIDED,  HOWEVER,  THAT  IF  SUCH  NEW  ARREST,  CHARGE   OR
   38  CONVICTION  (FOLLOWING  AN APPEAL THEREFROM) RESULTS IN A TERMINATION IN
   39  FAVOR OF THE ACCUSED AS DEFINED IN SUBDIVISION THREE OF  SECTION  160.50
   40  OF  THIS  ARTICLE  OR  IN  A  CONVICTION  FOR  A NON-CRIMINAL OFFENSE AS
   41  DESCRIBED IN SECTION 160.55 OF THIS ARTICLE, SUCH UNSEALED RECORDS SHALL
   42  AGAIN BE SEALED AS PROVIDED IN SUBPARAGRAPH FIVE  OF  PARAGRAPH  (C)  OF
   43  SUBDIVISION TWO OF THIS SECTION.
   44    S 4. Subdivision 16 of section 296 of the executive law, as separately
   45  amended  by section 3 of part N and section 14 of part AAA of chapter 56
   46  of the laws of 2009, is amended to read as follows:
   47    16. It shall be an unlawful discriminatory  practice,  unless  specif-
   48  ically required or permitted by statute, for any person, agency, bureau,
   49  corporation or association, including the state and any political subdi-
   50  vision thereof, to make any inquiry about, whether in any form of appli-
   51  cation  or  otherwise,  or  to  act  upon  adversely  to  the individual
   52  involved, any arrest or criminal accusation of such individual not  then
   53  pending  against  that individual which was followed by a termination of
   54  that criminal action or proceeding  in  favor  of  such  individual,  as
   55  defined  in  subdivision two of section 160.50 of the criminal procedure
   56  law, or by a youthful offender adjudication, as defined  in  subdivision
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    1  one  of section 720.35 of the criminal procedure law, or by a conviction
    2  for a violation sealed pursuant to section 160.55 of the criminal proce-
    3  dure law or by a conviction which is sealed pursuant to  section  160.58
    4  of the criminal procedure law, OR BY A CONVICTION WHICH IS SEALED PURSU-
    5  ANT  TO SECTION 160.65 OF THE CRIMINAL PROCEDURE LAW, in connection with
    6  the licensing, employment or providing of credit or  insurance  to  such
    7  individual;  provided,  further,  that  no  person  shall be required to
    8  divulge information pertaining to any arrest or criminal  accusation  of
    9  such  individual  not  then  pending  against  that individual which was
   10  followed by a termination of that criminal action or proceeding in favor
   11  of such individual, as defined in subdivision two of section  160.50  of
   12  the  criminal  procedure law, or by a youthful offender adjudication, as
   13  defined in subdivision one of section 720.35 of the  criminal  procedure
   14  law,  or  by  a  conviction  for  a violation sealed pursuant to section
   15  160.55 of the criminal procedure law, or by a conviction which is sealed
   16  pursuant to section 160.58 of  the  criminal  procedure  law,  OR  BY  A
   17  CONVICTION  WHICH  IS  SEALED PURSUANT TO SECTION 160.65 OF THE CRIMINAL
   18  PROCEDURE LAW. The provisions of this subdivision shall not apply to the
   19  licensing activities of governmental bodies in  relation  to  the  regu-
   20  lation  of  guns, firearms and other deadly weapons or in relation to an
   21  application for employment as a police officer or peace officer as those
   22  terms are  defined  in  subdivisions  thirty-three  and  thirty-four  of
   23  section  1.20  of  the criminal procedure law; provided further that the
   24  provisions of this subdivision shall not apply  to  an  application  for
   25  employment  or  membership  in  any law enforcement agency INCLUDING ANY
   26  OFFICER, INDIVIDUAL, INSTITUTION OR AGENCY  SUBJECT  TO  OVERSIGHT    OR
   27  REGULATION  BY  THE  JUSTICE  CENTER  FOR  THE PROTECTION OF PEOPLE WITH
   28  SPECIAL NEEDS OR WITH ANY  OTHER  OFFICER,  INDIVIDUAL,  INSTITUTION  OR
   29  AGENCY  DESIGNATED  BY THE CHIEF ADMINISTRATOR OF THE COURTS PURSUANT TO
   30  CLAUSE (VI) OF SUBPARAGRAPH SIX OF PARAGRAPH (C) OF SUBDIVISION  TWO  OF
   31  SECTION  160.65 OF THE CRIMINAL PROCEDURE LAW with respect to any arrest
   32  or criminal accusation which was followed by a youthful offender adjudi-
   33  cation, as defined in subdivision one of section 720.35 of the  criminal
   34  procedure  law,  or  by  a conviction for a violation sealed pursuant to
   35  section 160.55 of the criminal procedure law, or by a  conviction  which
   36  is  sealed  pursuant to section 160.58 of the criminal procedure law, OR
   37  BY A CONVICTION WHICH IS SEALED PURSUANT TO SECTION 160.65 OF THE CRIMI-
   38  NAL PROCEDURE LAW.
   39    S 5. Whenever, in connection with the licensing, employment or provid-
   40  ing of credit or insurance to an individual, any person, agency, bureau,
   41  corporation or association, including the state and any political subdi-
   42  vision thereof, inquires of such  individual  if  he  or  she  has  been
   43  convicted  of  a crime, whether in any form of application or otherwise,
   44  such inquiry, regardless of how worded, shall be deemed to be only as to
   45  convictions that have not been sealed pursuant to section 160.55, 160.58
   46  or 160.65 of the criminal procedure law, and the individual to  whom  it
   47  is  directed  shall  answer accordingly; provided, however, this section
   48  shall not apply where the  inquiry  would  not  constitute  an  unlawful
   49  discriminatory practice under subdivision 16 of section 296 of the exec-
   50  utive law.
   51    S  6. Nothing in this act shall bar any person from freely speaking or
   52  writing about, or publishing by any other means, any information in  his
   53  or  her  possession concerning another person's past criminal conviction
   54  or convictions, notwithstanding that such conviction or convictions  may
   55  have been sealed pursuant to this act.
       A. 9607                             7
    1    S 7. This act shall take effect on the one hundred eightieth day after
    2  it  shall have become a law and shall apply to all convictions occurring
    3  prior to, on, and after such effective date.