S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7926
                                   I N  S E N A T E
                                     July 7, 2014
                                      ___________
       Introduced by Sen. NOZZOLIO -- (at request of the Office of Court Admin-
         istration)  --  read twice and ordered printed, and when printed to be
         committed to the Committee on Rules
       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
   28  states  the  reasons  for such determination on the record, the clerk of
   29  the court wherein such criminal  action  or  proceeding  was  terminated
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14355-03-4
       S. 7926                             2
    1  shall  immediately  notify  the commissioner of the division of criminal
    2  justice services and the heads of all appropriate police departments and
    3  other law enforcement agencies that the action has  been  terminated  by
    4  such conviction. Upon receipt of notification of such termination:
    5    S  3.  The  criminal  procedure law is amended by adding a new section
    6  160.65 to read as follows:
    7  S 160.65 SEALING THE RECORD OF A CONVICTION.
    8    1. PETITION FOR SEALING; WHEN PETITION MAY BE  MADE.  SUBJECT  TO  THE
    9  PROVISIONS  OF  THIS  SECTION, A PERSON MAY PETITION A SUPERIOR COURT TO
   10  SEAL THE RECORD OF HIS OR HER CONVICTION FOR A PAST CRIMINAL OFFENSE  OR
   11  OFFENSES  PROVIDED HE OR SHE HAS BROUGHT NO SUCH PETITION IN THE PRECED-
   12  ING TWO YEARS AND:
   13    (A) SUCH PERSON HAS BEEN CONVICTED OF NOT  MORE  THAN  ONE  CRIME,  AT
   14  LEAST  TEN  YEARS  HAVE  ELAPSED SINCE SUCH PERSON WAS CONVICTED OF THAT
   15  CRIME AND THAT CRIME WAS A FELONY OFFENSE OTHER THAN (I) A VIOLENT FELO-
   16  NY OFFENSE AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF  THE  PENAL
   17  LAW,  (II)  ANY OFFENSE FOR WHICH A TERM OF LIFE IMPRISONMENT IS AUTHOR-
   18  IZED, (III) AN OFFENSE SPECIFIED IN ARTICLE ONE HUNDRED  THIRTY  OR  TWO
   19  HUNDRED SIXTY-THREE OF THE PENAL LAW, (IV) AN OFFENSE SPECIFIED IN ARTI-
   20  CLE  ONE  HUNDRED  NINETY-FIVE OR TWO HUNDRED OF THE PENAL LAW WHERE THE
   21  PETITIONER WAS A PUBLIC SERVANT AT THE  TIME  OF  THE  OFFENSE,  (V)  AN
   22  OFFENSE  SPECIFIED  IN  SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE
   23  AND TRAFFIC LAW, OR (VI) ANY CRIME SPECIFIED IN THE PENAL LAW FOR  WHICH
   24  A VIOLATION OF ANY PROVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE
   25  VEHICLE AND TRAFFIC LAW IS AN ESSENTIAL ELEMENT; OR
   26    (B)  SUCH  PERSON  HAS  NOT BEEN CONVICTED OF A FELONY, AT LEAST SEVEN
   27  YEARS HAVE ELAPSED SINCE SUCH PERSON WAS LAST CONVICTED OF A MISDEMEANOR
   28  AND HE OR SHE HAS BEEN CONVICTED  OF  NOT  MORE  THAN  TWO  MISDEMEANORS
   29  NEITHER  OF  WHICH  WAS  (I) AN OFFENSE SPECIFIED IN ARTICLE ONE HUNDRED
   30  THIRTY OR TWO HUNDRED SIXTY-THREE OF THE  PENAL  LAW,  (II)  AN  OFFENSE
   31  SPECIFIED IN ARTICLE ONE HUNDRED NINETY-FIVE OR TWO HUNDRED OF THE PENAL
   32  LAW  WHERE  THE  PETITIONER  WAS  A  PUBLIC  SERVANT  AT THE TIME OF THE
   33  OFFENSE, OR (III) AN OFFENSE SPECIFIED IN SECTION ELEVEN  HUNDRED  NINE-
   34  TY-TWO  OF  THE VEHICLE AND TRAFFIC LAW.  NOTWITHSTANDING THE FOREGOING,
   35  IN NO EVENT MAY A PERSON BRING A PETITION UNDER THIS SECTION  UNLESS  HE
   36  OR SHE HAS COMPLETED ANY AND ALL SENTENCES HE OR SHE RECEIVED ON ACCOUNT
   37  OF  SUCH CONVICTION OR CONVICTIONS. WHERE A PERSON HAS BEEN CONVICTED OF
   38  A CRIMINAL OFFENSE UNDER FEDERAL LAW OR THE LAW OF  ANOTHER  STATE,  AND
   39  SUCH  CONVICTION  WOULD  CONSTITUTE A FELONY UNDER THE PENAL LAW OF THIS
   40  STATE, SUCH PERSON MAY NOT BRING A  PETITION  UNDER  THIS  SECTION;  AND
   41  WHERE SUCH CONVICTION WOULD CONSTITUTE A MISDEMEANOR, IT SHALL BE COUNT-
   42  ED  FOR PURPOSES OF THIS PARAGRAPH AS IF IT WERE A MISDEMEANOR UNDER THE
   43  PENAL LAW OF THIS STATE.
   44    FOR PURPOSES OF THIS SECTION, A PERSON SHALL HAVE COMPLETED A SENTENCE
   45  WHEN HE OR SHE HAS SERVED IN FULL ANY TERM OF IMPRISONMENT AND  FINISHED
   46  ANY  TERM  OR  PERIOD  OF  PAROLE,  PROBATION,  CONDITIONAL  RELEASE AND
   47  POST-RELEASE SUPERVISION; MADE ALL REQUIRED RESTITUTION;  COMPLETED  ALL
   48  REQUIRED  COMMUNITY  SERVICE;  PAID  ALL  FINES AND SURCHARGES ASSESSED,
   49  INCLUDING THOSE THAT WERE DEFERRED AND MADE SUBJECT TO COLLECTION IN THE
   50  SAME MANNER AS A CIVIL JUDGMENT PURSUANT TO SUBDIVISION FIVE OF  SECTION
   51  420.40  OF  THIS CHAPTER; AND OTHERWISE SATISFIED ALL CONDITIONS IMPOSED
   52  BY THE SENTENCING COURT. FURTHER, THE PERIODS OF TIME SPECIFIED IN PARA-
   53  GRAPHS (A) AND (B) OF THIS SUBDIVISION SHALL BE  TOLLED  BY  ANY  PERIOD
   54  FROM  THE  DATE  OF  SENTENCE  TO  THE DATE WHEN THE PETITIONER WAS LAST
   55  RELEASED FROM ANY PERIOD OF INCARCERATION ON ACCOUNT OF  THE  CONVICTION
   56  OR CONVICTIONS FOR WHICH SEALING IS SOUGHT.
       S. 7926                             3
    1    NO  PERSON  MAY  BRING A PETITION UNDER THIS SECTION WHILE ANY CHARGED
    2  CRIMINAL OFFENSE IS PENDING AGAINST HIM OR HER AND NO  PERSON  MAY  HAVE
    3  MORE  THAN  ONE  SUCH  PETITION  GRANTED DURING HIS OR HER LIFETIME. THE
    4  RIGHT TO BRING A PETITION HEREUNDER MAY NOT BE WAIVED.
    5    2.  COURT TO WHICH PETITION UNDER THIS SECTION MUST BE BROUGHT; FILING
    6  FEE; RESPONSIBILITIES OF THE COURT. (A) A PETITION TO SEAL THE RECORD OF
    7  A CONVICTION FOR A CRIMINAL OFFENSE SPECIFIED IN PARAGRAPH (A) OF SUBDI-
    8  VISION ONE OF THIS SECTION MUST BE BROUGHT  IN  THE  SUPERIOR  COURT  IN
    9  WHICH  THE  CONVICTION  WAS  ENTERED. A PETITION TO SEAL THE RECORD OF A
   10  CONVICTION FOR A CRIMINAL OFFENSE SPECIFIED IN PARAGRAPH (B) OF SUBDIVI-
   11  SION ONE OF THIS SECTION MUST BE BROUGHT IN  A  SUPERIOR  COURT  OF  THE
   12  COUNTY IN WHICH THE COURT IN WHICH THE CONVICTION WAS ENTERED IS LOCATED
   13  OR,  IF  THE  PETITION  IS  TO  SEAL  THE  RECORDS OF MORE THAN ONE SUCH
   14  CONVICTION, THE PETITION MAY BE BROUGHT IN THE  SUPERIOR  COURT  OF  ANY
   15  COUNTY  IN  WHICH  A  COURT IN WHICH ONE OR MORE OF SUCH CONVICTIONS WAS
   16  ENTERED IS LOCATED. NO COURT MAY ACCEPT A PETITION  UNDER  THIS  SECTION
   17  UNLESS  IT IS ACCOMPANIED BY A FILING FEE OF NINETY-FIVE DOLLARS PAYABLE
   18  TO THE CLERK OF THE COURT; PROVIDED, HOWEVER, SUCH  FEE  MAY  BE  WAIVED
   19  WHERE,  DUE  TO  THE  PETITIONER'S  INDIGENCE, PAYMENT OF THE FILING FEE
   20  WOULD WORK AN UNREASONABLE HARDSHIP ON THE PERSON OR HIS OR HER  IMMEDI-
   21  ATE FAMILY.
   22    (B) THE SUPERIOR COURT THAT RECEIVES A PETITION UNDER PARAGRAPH (A) OF
   23  THIS  SUBDIVISION  SHALL  REQUEST  FROM THE DIVISION OF CRIMINAL JUSTICE
   24  SERVICES AND THE FEDERAL BUREAU OF  INVESTIGATION  AN  UPDATED  CRIMINAL
   25  HISTORY  RECORD  OF  THE  PETITIONER, INCLUDING ANY SEALED OR SUPPRESSED
   26  INFORMATION.   UPON RECEIPT OF THE REQUEST,  THE  DIVISION  OF  CRIMINAL
   27  JUSTICE  SERVICES SHALL PROVIDE A CRIMINAL HISTORY REPORT AND SHALL ALSO
   28  PROVIDE A REPORT FROM THE FEDERAL BUREAU OF INVESTIGATION REGARDING  ANY
   29  CRIMINAL  HISTORY INFORMATION THAT OCCURRED IN OTHER JURISDICTIONS.  THE
   30  DIVISION IS HEREBY AUTHORIZED  TO  RECEIVE  SUCH  INFORMATION  FROM  THE
   31  FEDERAL BUREAU OF INVESTIGATION FOR THIS PURPOSE.
   32    (C) (1) PROVIDED THE PETITION COMPLIES WITH THE PROVISIONS OF SUBDIVI-
   33  SION  ONE  OF  THIS  SECTION  AND THE PETITIONER HAS BEEN CONVICTED OF A
   34  FELONY OFFENSE, THE COURT, IN ITS DISCRETION AND  IN  THE  INTERESTS  OF
   35  JUSTICE,  MAY GRANT THE PETITION AND ORDER THE SEALING OF THE RECORDS OF
   36  THE PETITIONER'S CONVICTION OR MAY DISMISS THE  PETITION.  IF,  HOWEVER,
   37  THE  PETITIONER  HAS NOT BEEN CONVICTED OF ANY FELONY OFFENSE, THE COURT
   38  MUST GRANT THE PETITION AND ORDER THE SEALING OF THE RECORDS OF  ALL  OF
   39  THE PETITIONER'S CONVICTIONS FOR OFFENSES WITHIN THE MEANING OF SUBDIVI-
   40  SION  ONE  OF  SECTION  10.00 OF THE PENAL LAW. WHERE THE COURT GRANTS A
   41  PETITION UNDER THIS SECTION, THE COURT MUST ALSO ORDER  THE  SEALING  OF
   42  THE  RECORDS  OF ANY NON-CRIMINAL OFFENSE SCHEDULED IN THE PETITION THAT
   43  IS MORE THAN SEVEN YEARS OLD.
   44    (2) WHERE THE COURT HAS DISCRETION TO  GRANT  OR  DISMISS  A  PETITION
   45  PURSUANT  TO  SUBPARAGRAPH ONE OF THIS PARAGRAPH, IT MUST, BEFORE MAKING
   46  ITS DETERMINATION, NOTIFY THE DISTRICT ATTORNEY OF THE COUNTY  IN  WHICH
   47  THE  PETITIONER  WAS  CONVICTED OF A FELONY AND ADVISE THAT THE COURT IS
   48  CONSIDERING SEALING THE RECORDS OF THAT CONVICTION. THE DISTRICT  ATTOR-
   49  NEY MUST BE GIVEN A REASONABLE OPPORTUNITY, WHICH SHALL NOT BE LESS THAN
   50  THIRTY  DAYS  NOR  MORE  THAN SIXTY DAYS, IN WHICH TO COMMENT AND SUBMIT
   51  MATERIALS TO AID THE COURT IN DETERMINING  THE  PETITION.  THE  DISTRICT
   52  ATTORNEY  MUST PROVIDE NOTICE TO THE VICTIM, IF ANY, OF THE PETITION FOR
   53  SEALING BY MAILING WRITTEN NOTICE TO THE  VICTIM'S  LAST-KNOWN  ADDRESS.
   54  FOR  PURPOSES  OF  THIS  PARAGRAPH,  "VICTIM"  MEANS  ANY PERSON WHO HAS
   55  SUSTAINED PHYSICAL OR FINANCIAL INJURY TO PERSON OR PROPERTY AS A DIRECT
       S. 7926                             4
    1  RESULT OF A FELONY THE RECORD OF WHICH  THE  PETITIONER  IS  ASKING  THE
    2  COURT TO SEAL.
    3    (3)  AT  THE  REQUEST  OF THE PETITIONER OR THE DISTRICT ATTORNEY OF A
    4  COUNTY WHO RECEIVES NOTIFICATION PURSUANT TO SUBPARAGRAPH  TWO  OF  THIS
    5  PARAGRAPH,  OR IN ITS OWN DISCRETION, THE COURT MAY CONDUCT A HEARING TO
    6  CONSIDER AND  REVIEW  ANY  RELEVANT  EVIDENCE,  INCLUDING  TESTIMONY  OF
    7  WITNESSES, OFFERED BY EITHER PARTY THAT WOULD AID THE COURT IN DETERMIN-
    8  ING  WHETHER  TO  ORDER  THE  SEALING OF THE RECORDS OF THE PETITIONER'S
    9  CONVICTIONS.
   10    (4) WHERE THE COURT HAS DISCRETION TO  GRANT  OR  DISMISS  A  PETITION
   11  PURSUANT  TO  SUBPARAGRAPH  ONE  OF THIS PARAGRAPH, IT MUST CONSIDER ANY
   12  RELEVANT FACTORS, INCLUDING BUT NOT LIMITED TO:  (I)  THE  CIRCUMSTANCES
   13  AND SERIOUSNESS OF THE OFFENSE THAT RESULTED IN THE CONVICTION; (II) THE
   14  CHARACTER  OF  THE  PETITIONER, INCLUDING WHAT STEPS HE OR SHE HAS TAKEN
   15  SINCE THE TIME OF HIS OR HER  OFFENSE  TOWARD  PERSONAL  REHABILITATION,
   16  INCLUDING TREATMENT, WORK, SCHOOL, OR OTHER PERSONAL HISTORY THAT DEMON-
   17  STRATES  REHABILITATION;  (III)  THE PETITIONER'S CRIMINAL HISTORY; (IV)
   18  THE IMPACT OF SEALING THE PETITIONER'S RECORDS UPON HIS OR HER REHABILI-
   19  TATION AND HIS OR HER SUCCESSFUL  AND  PRODUCTIVE  REENTRY  AND  REINTE-
   20  GRATION  INTO  SOCIETY,  AND  UPON PUBLIC SAFETY; AND (V) ANY STATEMENTS
   21  MADE BY ANY VICTIM OF AN OFFENSE COMMITTED BY THE PETITIONER WHERE THERE
   22  WAS IN FACT A VICTIM OF SUCH OFFENSE.
   23    (5) WHEN A COURT ORDERS THE SEALING OF THE RECORD  OF  A  PETITIONER'S
   24  CONVICTION  OR  CONVICTIONS,  THE  CLERK OF SUCH COURT SHALL IMMEDIATELY
   25  NOTIFY THE COMMISSIONER OF THE DIVISION OF  CRIMINAL  JUSTICE  SERVICES,
   26  THE  HEADS  OF  ALL  APPROPRIATE  POLICE  DEPARTMENTS  AND ALL OTHER LAW
   27  ENFORCEMENT AGENCIES,  AND  ANY  COURT  THAT  SENTENCED  THE  PETITIONER
   28  FOLLOWING  CONVICTION  OF AN OFFENSE THE RECORD OF WHICH MUST BE SEALED,
   29  OF SUCH ORDER. THEREUPON, ALL OFFICIAL RECORDS AND  PAPERS  RELATING  TO
   30  THE  PETITIONER'S  ARRESTS,  PROSECUTIONS AND CONVICTIONS, INCLUDING ALL
   31  DUPLICATES AND COPIES THEREOF, ON FILE WITH THE DIVISION  OR  ANY  COURT
   32  SHALL  BE  SEALED  AND  NOT  MADE  AVAILABLE  TO ANY PERSON OR PUBLIC OR
   33  PRIVATE AGENCY; PROVIDED, HOWEVER, THE DIVISION SHALL RETAIN ANY FINGER-
   34  PRINTS, PALMPRINTS, PHOTOGRAPHS OR DIGITAL IMAGES OF THE SAME.
   35    (6) NOTWITHSTANDING  SUBPARAGRAPH  FIVE  OF  THIS  PARAGRAPH,  RECORDS
   36  SEALED PURSUANT TO SUCH SUBPARAGRAPH SHALL BE MADE AVAILABLE TO: (I) THE
   37  PETITIONER  OR  HIS OR HER DESIGNATED AGENT; (II) QUALIFIED AGENCIES, AS
   38  DEFINED IN SUBDIVISION NINE OF SECTION EIGHT HUNDRED THIRTY-FIVE OF  THE
   39  EXECUTIVE  LAW,  AND  FEDERAL  AND  STATE LAW ENFORCEMENT AGENCIES, WHEN
   40  ACTING WITHIN THE SCOPE OF THEIR LAW ENFORCEMENT DUTIES; (III) ANY STATE
   41  OR LOCAL OFFICER OR AGENCY  WITH  RESPONSIBILITY  FOR  THE  ISSUANCE  OF
   42  LICENSES  TO  POSSESS  GUNS, WHEN THE PETITIONER HAS MADE AN APPLICATION
   43  FOR SUCH A LICENSE; (IV) ANY PROSPECTIVE EMPLOYER OF A POLICE OFFICER OR
   44  PEACE OFFICER AS THOSE TERMS ARE DEFINED  IN  SUBDIVISIONS  THIRTY-THREE
   45  AND  THIRTY-FOUR  OF  SECTION  1.20  OF  THIS CHAPTER, IN RELATION TO AN
   46  APPLICATION FOR  EMPLOYMENT  AS  A  POLICE  OFFICER  OR  PEACE  OFFICER,
   47  PROVIDED,  HOWEVER,  THAT EVERY PERSON WHO IS AN APPLICANT FOR THE POSI-
   48  TION OF POLICE OFFICER OR PEACE OFFICER SHALL BE FURNISHED WITH  A  COPY
   49  OF ALL RECORDS OBTAINED UNDER THIS SUBPARAGRAPH AND AFFORDED AN OPPORTU-
   50  NITY  TO  MAKE  AN  EXPLANATION  THEREOF; (V) THE JUSTICE CENTER FOR THE
   51  PROTECTION OF PEOPLE WITH SPECIAL NEEDS, IN RELATION TO  PERFORMING  ITS
   52  DUTIES  UNDER  ARTICLE  TWENTY OF THE EXECUTIVE LAW; AND (VI) SUCH OTHER
   53  AND FURTHER OFFICERS, INDIVIDUALS, INSTITUTIONS AND AGENCIES, PUBLIC  OR
   54  PRIVATE, THAT EMPLOY PERSONS WHO THEREBY HAVE REGULAR CONTACT WITH CHIL-
   55  DREN  OR  OTHER  VULNERABLE  PERSONS  AS  THE CHIEF ADMINISTRATOR OF THE
   56  COURTS MAY DESIGNATE, INCLUDING ALL OFFICERS, INDIVIDUALS,  INSTITUTIONS
       S. 7926                             5
    1  AND AGENCIES SUBJECT TO OPERATION, LICENSURE OR CERTIFICATION BY A STATE
    2  OVERSIGHT  AGENCY AS DEFINED IN SUBDIVISION FOUR OF SECTION FIVE HUNDRED
    3  FIFTY OF THE EXECUTION LAW OR OTHERWISE SUBJECT TO  OVERSIGHT  OR  REGU-
    4  LATION  BY  THE JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL
    5  NEEDS.
    6    3. DETERMINATION TO BE  IN  WRITING.  ANY  DETERMINATION  GRANTING  OR
    7  DISMISSING  A  PETITION PURSUANT TO SUBDIVISION ONE OF THIS SECTION MUST
    8  BE IN WRITING AND, WHERE THE COURT HAS DISCRETION TO MAKE SUCH  DETERMI-
    9  NATION, SHALL STATE THE REASONS FOR THAT DETERMINATION.
   10    4.  NO  RELIEF  OF  DISABILITIES.  A DETERMINATION GRANTING A PETITION
   11  PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL NOT RELIEVE THE  PETI-
   12  TIONER  OF ANY FORFEITURE OR DISABILITY, OR REMOVE ANY BAR TO HIS OR HER
   13  EMPLOYMENT, AUTOMATICALLY IMPOSED  BY  LAW  BY  REASON  OF  HIS  OR  HER
   14  CONVICTION  OF  THE  OFFENSE  THE  RECORDS  OF  WHICH ARE THEREBY SEALED
   15  PROVIDED, HOWEVER, A PETITION PURSUANT TO THIS SECTION FOR  SEALING  THE
   16  RECORD  OF  A  CONVICTION  MAY  BE  ACCOMPANIED  BY AN APPLICATION FOR A
   17  CERTIFICATE OF RELIEF FROM DISABILITIES UNDER  ARTICLE  TWENTY-THREE  OF
   18  THE  CORRECTION LAW, IN WHICH EVENT THE COURT MUST DETERMINE SUCH APPLI-
   19  CATION AND SUCH DETERMINATION SHALL BE WITHOUT REGARD  TO  THE  DETERMI-
   20  NATION  OF  THE  PETITION  FOR  SEALING.   NOTHING IN THIS SECTION SHALL
   21  PROHIBIT USE OF THE CONVICTION OF AN OFFENSE, THE RECORDS OF WHICH  HAVE
   22  BEEN SEALED HEREUNDER, IN ANY SENTENCING PROCEEDING, OR AS AN ELEMENT OF
   23  AN  OFFENSE  IN  ANY SUBSEQUENT CRIMINAL PROCEEDING OR REGULATORY ACTION
   24  COMMENCED AGAINST THE PETITIONER BY THE STATE OR ANY POLITICAL  SUBDIVI-
   25  SION THEREOF.
   26    5. UNSEALING OF SEALED RECORDS. WHERE RECORDS OF A PERSON'S CONVICTION
   27  OR CONVICTIONS HAVE BEEN SEALED PURSUANT TO THIS SECTION, SUCH RECORD OR
   28  RECORDS SHALL BE UNSEALED: (A) IMMEDIATELY UPON SUCH PERSON BEING SUBSE-
   29  QUENTLY  ARRAIGNED  ON THE CHARGE OF ANY FELONY OFFENSE UNDER THE LAW OF
   30  THIS STATE, OR A CRIMINAL OFFENSE UNDER FEDERAL LAW OR THE LAW OF ANOTH-
   31  ER STATE THAT, UNDER THE PENAL LAW OF THIS  STATE,  WOULD  CONSTITUTE  A
   32  FELONY  OFFENSE;  OR (B) IMMEDIATELY UPON SUCH PERSON BEING SUBSEQUENTLY
   33  CONVICTED OF ANY MISDEMEANOR OFFENSE UNDER THE LAW OF THIS STATE,  OR  A
   34  CRIMINAL  OFFENSE  UNDER  FEDERAL  LAW OR THE LAW OF ANOTHER STATE THAT,
   35  UNDER THE PENAL LAW  OF  THIS  STATE,  WOULD  CONSTITUTE  A  MISDEMEANOR
   36  OFFENSE.   PROVIDED,  HOWEVER,  THAT  IF  SUCH  NEW  ARREST,  CHARGE  OR
   37  CONVICTION (FOLLOWING AN APPEAL THEREFROM) RESULTS IN A  TERMINATION  IN
   38  FAVOR  OF  THE ACCUSED AS DEFINED IN SUBDIVISION THREE OF SECTION 160.50
   39  OF THIS ARTICLE OR  IN  A  CONVICTION  FOR  A  NON-CRIMINAL  OFFENSE  AS
   40  DESCRIBED IN SECTION 160.55 OF THIS ARTICLE, SUCH UNSEALED RECORDS SHALL
   41  AGAIN  BE  SEALED  AS  PROVIDED IN SUBPARAGRAPH FIVE OF PARAGRAPH (C) OF
   42  SUBDIVISION TWO OF THIS SECTION.
   43    S 4. Subdivision 16 of section 296 of the executive law, as separately
   44  amended by section 3 of part N and section 14 of part AAA of chapter  56
   45  of the laws of 2009, is amended to read as follows:
   46    16.  It  shall  be an unlawful discriminatory practice, unless specif-
   47  ically required or permitted by statute, for any person, agency, bureau,
   48  corporation or association, including the state and any political subdi-
   49  vision thereof, to make any inquiry about, whether in any form of appli-
   50  cation or  otherwise,  or  to  act  upon  adversely  to  the  individual
   51  involved,  any arrest or criminal accusation of such individual not then
   52  pending against that individual which was followed by a  termination  of
   53  that  criminal  action  or  proceeding  in  favor of such individual, as
   54  defined in subdivision two of section 160.50 of the  criminal  procedure
   55  law,  or  by a youthful offender adjudication, as defined in subdivision
   56  one of section 720.35 of the criminal procedure law, or by a  conviction
       S. 7926                             6
    1  for a violation sealed pursuant to section 160.55 of the criminal proce-
    2  dure  law  or by a conviction which is sealed pursuant to section 160.58
    3  of the criminal procedure law, OR BY A CONVICTION WHICH IS SEALED PURSU-
    4  ANT  TO SECTION 160.65 OF THE CRIMINAL PROCEDURE LAW, in connection with
    5  the licensing, employment or providing of credit or  insurance  to  such
    6  individual;  provided,  further,  that  no  person  shall be required to
    7  divulge information pertaining to any arrest or criminal  accusation  of
    8  such  individual  not  then  pending  against  that individual which was
    9  followed by a termination of that criminal action or proceeding in favor
   10  of such individual, as defined in subdivision two of section  160.50  of
   11  the  criminal  procedure law, or by a youthful offender adjudication, as
   12  defined in subdivision one of section 720.35 of the  criminal  procedure
   13  law,  or  by  a  conviction  for  a violation sealed pursuant to section
   14  160.55 of the criminal procedure law, or by a conviction which is sealed
   15  pursuant to section 160.58 of  the  criminal  procedure  law,  OR  BY  A
   16  CONVICTION  WHICH  IS  SEALED PURSUANT TO SECTION 160.65 OF THE CRIMINAL
   17  PROCEDURE LAW. The provisions of this subdivision shall not apply to the
   18  licensing activities of governmental bodies in  relation  to  the  regu-
   19  lation  of  guns, firearms and other deadly weapons or in relation to an
   20  application for employment as a police officer or peace officer as those
   21  terms are  defined  in  subdivisions  thirty-three  and  thirty-four  of
   22  section  1.20  of  the criminal procedure law; provided further that the
   23  provisions of this subdivision shall not apply  to  an  application  for
   24  employment  or  membership  in  any law enforcement agency INCLUDING ANY
   25  OFFICER, INDIVIDUAL, INSTITUTION OR AGENCY  SUBJECT  TO  OVERSIGHT    OR
   26  REGULATION  BY  THE  JUSTICE  CENTER  FOR  THE PROTECTION OF PEOPLE WITH
   27  SPECIAL NEEDS OR WITH ANY  OTHER  OFFICER,  INDIVIDUAL,  INSTITUTION  OR
   28  AGENCY  DESIGNATED  BY THE CHIEF ADMINISTRATOR OF THE COURTS PURSUANT TO
   29  CLAUSE (VI) OF SUBPARAGRAPH SIX OF PARAGRAPH (C) OF SUBDIVISION  TWO  OF
   30  SECTION  160.65 OF THE CRIMINAL PROCEDURE LAW with respect to any arrest
   31  or criminal accusation which was followed by a youthful offender adjudi-
   32  cation, as defined in subdivision one of section 720.35 of the  criminal
   33  procedure  law,  or  by  a conviction for a violation sealed pursuant to
   34  section 160.55 of the criminal procedure law, or by a  conviction  which
   35  is  sealed  pursuant to section 160.58 of the criminal procedure law, OR
   36  BY A CONVICTION WHICH IS SEALED PURSUANT TO SECTION 160.65 OF THE CRIMI-
   37  NAL PROCEDURE LAW.
   38    S 5. Whenever, in connection with the licensing, employment or provid-
   39  ing of credit or insurance to an individual, any person, agency, bureau,
   40  corporation or association, including the state and any political subdi-
   41  vision thereof, inquires of such  individual  if  he  or  she  has  been
   42  convicted  of  a crime, whether in any form of application or otherwise,
   43  such inquiry, regardless of how worded, shall be deemed to be only as to
   44  convictions that have not been sealed pursuant to section 160.55, 160.58
   45  or 160.65 of the criminal procedure law, and the individual to  whom  it
   46  is  directed  shall  answer accordingly; provided, however, this section
   47  shall not apply where the  inquiry  would  not  constitute  an  unlawful
   48  discriminatory practice under subdivision 16 of section 296 of the exec-
   49  utive law.
   50    S  6. Nothing in this act shall bar any person from freely speaking or
   51  writing about, or publishing by any other means, any information in  his
   52  or  her  possession concerning another person's past criminal conviction
   53  or convictions, notwithstanding that such conviction or convictions  may
   54  have been sealed pursuant to this act.
       S. 7926                             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.