STATE OF NEW YORK ________________________________________________________________________ 340 2025-2026 Regular Sessions IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sens. BAILEY, KRUEGER, PARKER, 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 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: 1 Section 1. This act shall be known and may be cited as the "second 2 chance for ex-offenders act". 3 § 2. The criminal procedure law is amended by adding a new section 4 160.65 to read as follows: 5 § 160.65 Conditional sealing of certain misdemeanor offenses. 6 1. For the purposes of this section, the term "eligible misdemeanor" 7 shall be a misdemeanor offense defined in the penal law, provided that 8 an eligible misdemeanor shall not include any sex offense as defined 9 under subdivision two of section one hundred sixty-eight-a of the 10 correction law. 11 2. A person having a conviction for no more than three misdemeanors, 12 who does not stand convicted of any felony, or who is not required to 13 maintain registration under article six-C of the correction law, may 14 petition the court to conditionally seal up to three eligible misdemea- 15 nors when: 16 (a) at least five years have passed since the completion of a sentence 17 on an eligible misdemeanor; and 18 (b) such person has not been convicted of a crime during the last five 19 years and is not the subject of an undisposed arrest. 20 3. The petition authorized by this section shall be filed in the court 21 of record that last imposed a sentence upon petitioner for an eligible 22 misdemeanor. On the defendant's motion, the court may order that all EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00240-01-5
S. 340 2 1 official records and papers relating to the arrest, prosecution and 2 conviction records for no more than three of the defendant's prior 3 eligible misdemeanors be conditionally sealed. The court may only seal 4 the records of the defendant's arrests, prosecutions and convictions 5 when: 6 (a) the sentencing court has requested and received from the division 7 of criminal justice services or the federal bureau of investigation a 8 fingerprint based criminal history record of the defendant, including 9 any sealed or suppressed information. The division of criminal justice 10 services shall also include a criminal history report, if any, from the 11 federal bureau of investigation regarding any criminal history informa- 12 tion that occurred in other jurisdictions. The division is hereby 13 authorized to receive such information from the federal bureau of inves- 14 tigation for this purpose. The parties shall be permitted to examine 15 these records; 16 (b) the defendant or court has identified the misdemeanor conviction 17 or convictions for which relief may be granted; 18 (c) the court has received documentation that the sentences imposed on 19 the eligible misdemeanor convictions have been completed, or if no such 20 documentation is reasonably available, a sworn affidavit that the 21 sentences imposed on the prior misdemeanors have been completed; and 22 (d) the court has notified the district attorney of each jurisdiction 23 in which the defendant has been convicted of an offense with respect to 24 which sealing is sought, and the court or courts of record for such 25 offenses, that the court is considering sealing the records of the 26 defendant's eligible misdemeanor convictions. Both the district attorney 27 and the court shall be given a reasonable opportunity, which shall not 28 be less than thirty days, in which to comment and submit materials to 29 aid the court in making such a determination. When the court notifies a 30 district attorney of a sealing application, the district attorney shall 31 provide notice to the victim, if any, of the sealing application by 32 mailing written notice to the victim's last-known address. For purposes 33 of this section "victim" means any person who has sustained physical or 34 financial injury to person or to property as a direct result of the 35 misdemeanor crime or misdemeanor crimes for which sealing is applied. 36 4. At the request of the defendant or the district attorney of a coun- 37 ty in which the defendant committed a crime that is the subject of the 38 sealing application, the court may conduct a hearing to consider and 39 review any relevant evidence offered by either party that would aid the 40 court in its decision whether to seal the records of the defendant's 41 arrests, prosecutions and convictions. In making such a determination, 42 the court shall consider any relevant factors, including but not limited 43 to: 44 (a) the circumstances and seriousness of the offense or offenses that 45 resulted in the conviction or convictions; 46 (b) the character of the defendant, including what steps the petition- 47 er has taken since the time of the offense toward personal rehabili- 48 tation, including treatment, work, school, or other personal history 49 that demonstrates rehabilitation; 50 (c) the defendant's criminal history; 51 (d) the impact of sealing the defendant's records upon their rehabili- 52 tation and their successful and productive reentry and reintegration 53 into society, and on public safety; and 54 (e) any statements made by the victim of the offense where there is in 55 fact a victim of the crime.
S. 340 3 1 5. After a court declares its willingness to grant the defendant's 2 request for conditional sealing pursuant to this section, but before the 3 court orders sealing pursuant to this section, the defendant shall pay a 4 mandatory conditional sealing fee. The mandatory conditional sealing fee 5 will be a fee of eighty dollars, however, such filing fee shall be 6 waived in cases of indigence. The mandatory filing fee shall be paid to 7 the clerk of the court or administrative tribunal that rendered the 8 conviction. Within the first ten days of the month following collection 9 of the mandatory filing fee, the collecting authority if it is an admin- 10 istrative tribunal, or a town or village justice court, shall then pay 11 such money to the state comptroller who shall deposit such money in the 12 state treasury pursuant to section one hundred twenty-one of the state 13 finance law to the credit of the indigent legal services fund. If such 14 collecting authority is any other court of the unified court system, it 15 shall, within such period, pay such money attributable to the mandatory 16 filing fee to the state commissioner of taxation and finance to the 17 credit of the indigent legal services fund established by section nine- 18 ty-eight-b of the state finance law. 19 6. When a court orders sealing pursuant to this section, all official 20 records and papers relating to the arrests, prosecutions, and 21 convictions, including all duplicates and copies thereof, on file with 22 the division of criminal justice services or any court shall be sealed 23 and not made available to any person or public or private agency; 24 provided, however, the division shall retain any fingerprints, palm- 25 prints, photographs, or digital images of the same. 26 7. When the court orders sealing pursuant to this section, the clerk 27 of such court shall immediately notify the commissioner of the division 28 of criminal justice services, and any court that sentenced the defendant 29 for an offense which has been conditionally sealed, regarding the 30 records that shall be sealed pursuant to this section. 31 8. Records sealed pursuant to this subdivision shall be made available 32 to: 33 (a) the defendant or the defendant's designated agent; 34 (b) qualified agencies, as defined in subdivision nine of section 35 eight hundred thirty-five of the executive law, and federal and state 36 law enforcement agencies, when acting within the scope of their law 37 enforcement duties; 38 (c) any state or local officer or agency with responsibility for the 39 issuance of licenses to possess guns, when the person has made applica- 40 tion for such a license; or 41 (d) any prospective employer of a police officer or peace officer as 42 those terms are defined in subdivisions thirty-three and thirty-four of 43 section 1.20 of this chapter, in relation to an application for employ- 44 ment as a police officer or peace officer; provided, however, that every 45 person who is an applicant for the position of police officer or peace 46 officer shall be furnished with a copy of all records obtained under 47 this paragraph and afforded an opportunity to make an explanation there- 48 to. 49 9. The court shall not seal the defendant's record pursuant to this 50 section while any charged offense is pending. 51 10. If, subsequent to the sealing of records pursuant to this subdivi- 52 sion, the person who is the subject of such records is arrested for or 53 formally charged with any misdemeanor or felony offense, such records 54 shall be unsealed immediately and remain unsealed; provided, however, 55 that if such new misdemeanor or felony arrest results in a termination 56 in favor of the accused as defined in subdivision three of section
S. 340 4 1 160.50 of this article or by conviction for a noncriminal offense as 2 described in section 160.55 of this article, such unsealed records shall 3 be conditionally sealed pursuant to this section. 4 11. No defendant shall be required or permitted to waive eligibility 5 for conditional sealing pursuant to this section as part of a plea of 6 guilty, sentence or any agreement related to a conviction for an eligi- 7 ble offense and any such waiver shall be deemed void and wholly unen- 8 forceable. 9 § 3. Subdivision 16 of section 296 of the executive law, as amended by 10 chapter 631 of the laws of 2023, is amended to read as follows: 11 16. It shall be an unlawful discriminatory practice, unless specif- 12 ically required or permitted by statute, for any person, agency, bureau, 13 corporation or association, including the state and any political subdi- 14 vision thereof, to make any inquiry about, whether in any form of appli- 15 cation or otherwise, or to act upon adversely to the individual 16 involved, any arrest or criminal accusation of such individual not then 17 pending against that individual which was followed by a termination of 18 that criminal action or proceeding in favor of such individual, as 19 defined in subdivision two of section 160.50 of the criminal procedure 20 law, or by an order adjourning the criminal action in contemplation of 21 dismissal, pursuant to section 170.55, 170.56, 210.46, 210.47, or 215.10 22 of the criminal procedure law, or by a youthful offender adjudication, 23 as defined in subdivision one of section 720.35 of the criminal proce- 24 dure law, or by a conviction for a violation sealed pursuant to section 25 160.55 of the criminal procedure law or by a conviction which is sealed 26 pursuant to section 160.59 or 160.58 of the criminal procedure law, or 27 by a conviction which is sealed pursuant to section 160.57 of the crimi- 28 nal procedure law, except where such conviction record is accessed 29 pursuant to subparagraph (vii), (viii), or (xvi) of paragraph (d) of 30 subdivision one of section 160.57 of the criminal procedure law, or by a 31 conviction which is sealed pursuant to section 160.65 of the criminal 32 procedure law, in connection with the licensing, housing, employment, 33 including volunteer positions, or providing of credit or insurance to 34 such individual; provided, further, that no person shall be required to 35 divulge information pertaining to any arrest or criminal accusation of 36 such individual not then pending against that individual which was 37 followed by a termination of that criminal action or proceeding in favor 38 of such individual, as defined in subdivision two of section 160.50 of 39 the criminal procedure law, or by an order adjourning the criminal 40 action in contemplation of dismissal, pursuant to section 170.55 or 41 170.56, 210.46, 210.47 or 215.10 of the criminal procedure law, or by a 42 youthful offender adjudication, as defined in subdivision one of section 43 720.35 of the criminal procedure law, or by a conviction for a violation 44 sealed pursuant to section 160.55 of the criminal procedure law, or by a 45 conviction which is sealed pursuant to section 160.58 or 160.59 of the 46 criminal procedure law, or by a conviction which is sealed pursuant to 47 section 160.57 of the criminal procedure law, except where such 48 conviction record is accessed pursuant to subparagraph (vii), (viii), or 49 (xvi) of paragraph (d) of subdivision one of section 160.57 of the crim- 50 inal procedure law, or by a conviction which is sealed pursuant to 51 section 160.65 of the criminal procedure law. An individual required or 52 requested to provide information in violation of this subdivision may 53 respond as if the arrest, criminal accusation, or disposition of such 54 arrest or criminal accusation did not occur. The provisions of this 55 subdivision shall not apply to the licensing activities of governmental 56 bodies in relation to the regulation of guns, firearms and other deadly
S. 340 5 1 weapons or in relation to an application for employment as a police 2 officer or peace officer as those terms are defined in subdivisions 3 thirty-three and thirty-four of section 1.20 of the criminal procedure 4 law; provided further that the provisions of this subdivision shall not 5 apply to an application for employment or membership in any law enforce- 6 ment agency with respect to any arrest or criminal accusation which was 7 followed by a youthful offender adjudication, as defined in subdivision 8 one of section 720.35 of the criminal procedure law, or by a conviction 9 for a violation sealed pursuant to section 160.55 of the criminal proce- 10 dure law, or by a conviction which is sealed pursuant to section 160.58 11 or 160.59 of the criminal procedure law, or by a conviction which is 12 sealed pursuant to section 160.57 of the criminal procedure law, or by a 13 conviction which is sealed pursuant to section 160.65 of the criminal 14 procedure law. For purposes of this subdivision, an action which has 15 been adjourned in contemplation of dismissal, pursuant to section 170.55 16 or 170.56, 210.46, 210.47 or 215.10 of the criminal procedure law, shall 17 not be considered a pending action, unless the order to adjourn in 18 contemplation of dismissal is revoked and the case is restored to the 19 calendar for further prosecution. 20 § 4. This act shall take effect on the one hundred eightieth day after 21 it shall have become a law and shall apply to all convictions occurring 22 prior to, on, and after such date.