Senate Bill S7551A

BILL NUMBER:

S7551A

SPONSOR:

Myrie 

TITLE OF BILL:

An act to amend the criminal procedure law, the executive law, the correction law, the judiciary law and the civil rights law, in relation to automatic sealing of certain convictions

PURPOSE:

This bill will address some of the collateral consequences that follow a criminal conviction by requiring the automatic sealing of records pertaining to specified offenses.

SUMMARY OF PROVISIONS:

Section 1 establishes legislative intent.

Section 2 establishes procedures and parameters for sealing criminal convictions. Section 3 establishes requirements for sealed records.

Section 4 establishes authority to promulgate forms, procedures, and processes for the sealing of records.

Section 5 incorporates records sealed under this legislation into exist-ing prohibitions against discrimination.

Section 6 address sealing of corrections records.

Section 7 establishes a private right of action.

Section 8 establishes severability.

Section 9 is the effective date.

JUSTIFICATION:

Individuals who commit a crime and later pay their debt to society should not be perpetually burdened by a criminal record. Having a criminal record impedes one’s ability to obtain housing, secure work, and participate fully in modern society. We cannot expect successful rehabilitation without providing these individuals with a way forward that is not encumbered by their past mistakes. This act will allow for automatic sealing of certain criminal records to clear that path.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect one year after it shall have become a law.