Law can be quite complicated sometimes even for lawyers. That is why doctors, lawyers, and the large majority of professions are specializing and focusing their practice areas. It is my hope to break down and simplify New York's new sealing CPL 160.59 law into manageable chunks.
So how do you eat an elephant? One little bite at a time.
The Whole of New York CPL 160.59 Sealing of Criminal Convictions is in Senate Bill S 8113
All my notations will be in RED for ease of reading and understanding. You can very well just read the red parts, and be well versed in the new sealing law.
PART A
12 Section 1. The criminal procedure law is amended by adding a new
13 section 160.59 to read as follows:
14 S 160.59 SEALING OF CERTAIN CONVICTIONS.
The first part of the law deals with ELIGIBILITY.
Which misdemeanors and felonies are eligible for sealing?
This really is a very broad sealing law. The law merely states what can't be sealed which means that everything else canbe sealed. Serious crimes, violent crimes, and sexual crimes generally can NOT be sealed. Check out our last few blog posts on which specific violent crimes cannot be sealed.
15 1. DEFINITIONS: AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL
16 HAVE THE FOLLOWING MEANINGS;
17 (A) "ELIGIBLE OFFENSE" SHALL MEAN ANY CRIME DEFINED IN THE LAWS OF
18 THIS STATE OTHER THAN A SEX OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIR-
19 TY OF THE PENAL LAW, AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED
20 SIXTY-THREE OF THE PENAL LAW, A FELONY OFFENSE DEFINED IN ARTICLE ONE
21 HUNDRED TWENTY-FIVE OF THE PENAL LAW, A VIOLENT FELONY OFFENSE DEFINED
22 IN SECTION 70.02 OF THE PENAL LAW, A CLASS A FELONY OFFENSE DEFINED IN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15862-02-6
Section 1. This act enacts into law major components of legislation.
S. 8113 2
1 THE PENAL LAW, A FELONY OFFENSE DEFINED IN ARTICLE ONE HUNDRED FIVE OF
2 THE PENAL LAW WHERE THE UNDERLYING OFFENSE IS NOT AN ELIGIBLE OFFENSE,
3 AN ATTEMPT TO COMMIT AN OFFENSE THAT IS NOT AN ELIGIBLE OFFENSE IF THE
4 ATTEMPT IS A FELONY, OR AN OFFENSE FOR WHICH REGISTRATION AS A SEX
5 OFFENDER IS REQUIRED PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW.
6 (B) "SENTENCING JUDGE" SHALL MEAN THE JUDGE WHO PRONOUNCED SENTENCE
7 UPON THE CONVICTION UNDER CONSIDERATION, OR IF THAT JUDGE IS NO LONGER
8 SITTING IN A COURT IN THE JURISDICTION IN WHICH THE CONVICTION WAS
9 OBTAINED, ANY OTHER JUDGE WHO IS SITTING IN THE CRIMINAL COURT WHERE THE
10 JUDGMENT OF CONVICTION WAS ENTERED.
Which Judge? Which Court?
The court where you apply or motion or petition for sealing is with the judge and the court which sentenced you. If that judge is no longer there then it is with the judge who is presiding over that same court in that same county.
11 2. (A) A DEFENDANT WHO HAS BEEN CONVICTED OF UP TO TWO ELIGIBLE
12 OFFENSES BUT NOT MORE THAN ONE FELONY OFFENSE MAY APPLY TO THE COURT IN
13 WHICH HE OR SHE WAS CONVICTED OF THE MOST SERIOUS OFFENSE TO HAVE SUCH
14 CONVICTION SEALED. IF ALL OFFENSES ARE OFFENSES WITH THE SAME CLASSI-
15 FICATION, THE APPLICATION SHALL BE MADE TO THE COURT IN WHICH THE
16 DEFENDANT WAS LAST CONVICTED.
You can apply to seal up to TWO offenses. Only one of which can be a felony level offense. If they are in two different courts, then with the court of the more serious offense, if they are matched then with the last court you were sentenced.
17 (B) AN APPLICATION SHALL CONTAIN: (I) A COPY OF A CERTIFICATE OF
18 DISPOSITION OR OTHER SIMILAR DOCUMENTATION FOR ANY OFFENSE FOR WHICH THE
19 DEFENDANT HAS BEEN CONVICTED, OR AN EXPLANATION OF WHY SUCH CERTIFICATE
20 OR OTHER DOCUMENTATION IS NOT AVAILABLE; (II) A SWORN STATEMENT OF THE
21 DEFENDANT AS TO WHETHER HE OR SHE HAS FILED, OR THEN INTENDS TO FILE,
22 ANY APPLICATION FOR SEALING OF ANY OTHER ELIGIBLE OFFENSE; (III) A COPY
23 OF ANY OTHER SUCH APPLICATION THAT HAS BEEN FILED; (IV) A SWORN STATE-
24 MENT AS TO THE CONVICTION OR CONVICTIONS FOR WHICH RELIEF IS BEING
25 SOUGHT; AND (V) A SWORN STATEMENT OF THE REASON OR REASONS WHY THE COURT
26 SHOULD, IN ITS DISCRETION, GRANT SUCH SEALING, ALONG WITH ANY SUPPORTING
27 DOCUMENTATION.
28 (C) A COPY OF ANY APPLICATION FOR SUCH SEALING SHALL BE SERVED UPON
29 THE DISTRICT ATTORNEY OF THE COUNTY IN WHICH THE CONVICTION, OR, IF MORE
30 THAN ONE, THE CONVICTIONS, WAS OR WERE OBTAINED. THE DISTRICT ATTORNEY
31 SHALL NOTIFY THE COURT WITHIN FORTY-FIVE DAYS IF HE OR SHE OBJECTS TO
32 THE APPLICATION FOR SEALING.
Your sealing application must have:
1. certificates of disposition. A certificate of disposition is issued by the sentencing court to certify what offenses you were actually sentenced to, the sentence, and when you were sentenced. You must get one for each offense you would like to seal.
2. Your Sworn statements. Which offenses you wish to seal and why you deserve to have them sealed. Reason or reasons why?
3. Supporting documentation. For the reason or reasons why you deserve sealing.
4. Proof of service to District Attorney or District Attorneys offices located in the counties of the criminal convictions you want to seal.
They have 45 days to object to your application, and notify the court.
33 (D) WHEN SUCH APPLICATION IS FILED WITH THE COURT, IT SHALL BE
34 ASSIGNED TO THE SENTENCING JUDGE UNLESS MORE THAN ONE APPLICATION IS
35 FILED IN WHICH CASE THE APPLICATION SHALL BE ASSIGNED TO THE COUNTY
36 COURT OR THE SUPREME COURT OF THE COUNTY IN WHICH THE CRIMINAL COURT IS
37 LOCATED, WHO SHALL REQUEST AND RECEIVE FROM THE DIVISION OF CRIMINAL
38 JUSTICE SERVICES A FINGERPRINT BASED CRIMINAL HISTORY RECORD OF THE
39 DEFENDANT, INCLUDING ANY SEALED OR SUPPRESSED RECORDS. THE DIVISION OF
40 CRIMINAL JUSTICE SERVICES ALSO SHALL INCLUDE A CRIMINAL HISTORY REPORT,
41 IF ANY, FROM THE FEDERAL BUREAU OF INVESTIGATION REGARDING ANY CRIMINAL
42 HISTORY INFORMATION THAT OCCURRED IN OTHER JURISDICTIONS. THE DIVISION
43 IS HEREBY AUTHORIZED TO RECEIVE SUCH INFORMATION FROM THE FEDERAL BUREAU
44 OF INVESTIGATION FOR THIS PURPOSE, AND TO MAKE SUCH INFORMATION AVAIL-
45 ABLE TO THE COURT, WHICH MAY MAKE THIS INFORMATION AVAILABLE TO THE
46 DISTRICT ATTORNEY AND THE DEFENDANT.
A judge is assigned to your request to seal. This judge must request and review your ENTIRE criminal history. This will include all other states than New York.
The judge may or may not make this information available to you or to the District Attorney.
47 3. THE SENTENCING JUDGE, OR COUNTY OR SUPREME COURT SHALL SUMMARILY
48 DENY THE DEFENDANT'S APPLICATION WHEN:
49 (A) THE DEFENDANT IS REQUIRED TO REGISTER AS A SEX OFFENDER PURSUANT
50 TO ARTICLE SIX-C OF THE CORRECTION LAW; OR
51 (B) THE DEFENDANT HAS PREVIOUSLY OBTAINED SEALING OF THE MAXIMUM
52 NUMBER OF CONVICTIONS ALLOWABLE UNDER SECTION 160.58 OF THE CRIMINAL
53 PROCEDURE LAW; OR
54 (C) THE DEFENDANT HAS PREVIOUSLY OBTAINED SEALING OF THE MAXIMUM
55 NUMBER OF CONVICTIONS ALLOWABLE UNDER SUBDIVISION FOUR OF THIS SECTION;
56 OR
S. 8113 3
1 (D) THE TIME PERIOD SPECIFIED IN SUBDIVISION FIVE OF THIS SECTION HAS
2 NOT YET BEEN SATISFIED; OR
-
3 (E) THE DEFENDANT HAS AN UNDISPOSED ARREST OR CHARGE PENDING; OR -
4 (F) THE DEFENDANT WAS CONVICTED OF ANY CRIME AFTER THE DATE OF THE
5 IMPOSITION OF THE SENTENCE ON THE DEFENDANT'S LATEST CONVICTION FOR
6 WHICH SEALING IS SOUGHT; OR
7 (G) THE DEFENDANT HAS FAILED TO PROVIDE THE COURT WITH THE REQUIRED
8 SWORN STATEMENT OF THE REASONS WHY THE COURT SHOULD GRANT THE RELIEF
9 REQUESTED; OR
10 (H) THE DEFENDANT HAS BEEN CONVICTED OF TWO OR MORE FELONIES OR MORE
11 THAN TWO CRIMES.
The judge can summarily (big word for outright) DENY your sealing application for a number of reasons:
1. You are required to register as a sex offender;
2. You have already had two previous criminal conviction sealed;
3. You have not waited the ten year time period or the ten years plus the time in custody;
4. You have an undisposed arrest or charge pending;
5. You were convicted of any crime after the criminal conviction you wish to seal;
6. Your application is missing a sworn statement of the reasons why you deserve sealing;
7. You have more than two criminal convictions for felonies or more than two criminal convictions for misdemeanors.
12 4. PROVIDED THAT THE APPLICATION IS NOT SUMMARILY DENIED FOR THE
13 REASONS SET FORTH IN SUBDIVISION THREE OF THIS SECTION, A DEFENDANT WHO
14 STANDS CONVICTED OF UP TO TWO ELIGIBLE OFFENSES, MAY OBTAIN SEALING OF
15 NO MORE THAN TWO ELIGIBLE OFFENSES BUT NOT MORE THAN ONE FELONY OFFENSE.
You can seal two misdemeanors or one felony and one misdemeanor.
16 5. ANY ELIGIBLE OFFENSE MAY BE SEALED ONLY AFTER AT LEAST TEN YEARS
17 HAVE PASSED SINCE THE IMPOSITION OF THE SENTENCE ON THE DEFENDANT'S
18 LATEST CONVICTION, OR, IF THE DEFENDANT WAS SENTENCED TO A PERIOD OF
19 INCARCERATION, INCLUDING A PERIOD OF INCARCERATION IMPOSED IN CONJUNC-
20 TION WITH A SENTENCE OF PROBATION, THE DEFENDANT'S LATEST RELEASE FROM
21 INCARCERATION. IN CALCULATING THE TEN YEAR PERIOD UNDER THIS SUBDIVI-
22 SION, ANY PERIOD OF TIME THE DEFENDANT SPENT INCARCERATED AFTER THE
23 CONVICTION FOR WHICH THE APPLICATION FOR SEALING IS SOUGHT, SHALL BE
24 EXCLUDED AND SUCH TEN YEAR PERIOD SHALL BE EXTENDED BY A PERIOD OR PERI-
25 ODS EQUAL TO THE TIME SERVED UNDER SUCH INCARCERATION.
You can seal the criminal convictions after ten years have passed from the date of sentencing. But if there was any incarceration (jail or prison) then this time must me added to the ten year time period. It is the time in "custody" which is added for this calculation.
26 6. UPON DETERMINING THAT THE APPLICATION IS NOT SUBJECT TO MANDATORY
27 DENIAL PURSUANT TO SUBDIVISION THREE OF THIS SECTION AND THAT THE APPLI-
28 CATION IS OPPOSED BY THE DISTRICT ATTORNEY, THE SENTENCING JUDGE OR
29 COUNTY OR SUPREME COURT SHALL CONDUCT A HEARING ON THE APPLICATION IN
30 ORDER TO CONSIDER ANY EVIDENCE OFFERED BY EITHER PARTY THAT WOULD AID
31 THE SENTENCING JUDGE IN HIS OR HER DECISION WHETHER TO SEAL THE RECORDS
32 OF THE DEFENDANT'S CONVICTIONS.
A physical Court hearing in front of the judge is required if the District Attorney opposes (objects) to your sealing application.
Both sides, your attorney and the DA can present evidence at that hearing to aid the judge in making a decision to seal or not to seal your criminal conviction record.
NO HEARING IS REQUIRED IF THE DISTRICT
33 ATTORNEY DOES NOT OPPOSE THE APPLICATION, HOWEVER THE COURT MAY HOLD A
34 HEARING AT ITS DISCRETION.
NO hearing is required if the District Attorney does NOT object to your application.
However the judge may still require a hearing in order to make a decision on whether to seal your criminal conviction record.
35 7. IN CONSIDERING ANY SUCH APPLICATION, THE SENTENCING JUDGE OR COUNTY
36 OR SUPREME COURT SHALL CONSIDER ANY RELEVANT FACTORS, INCLUDING BUT NOT
37 LIMITED TO:
38 (A) THE AMOUNT OF TIME THAT HAS ELAPSED SINCE THE DEFENDANT'S LAST
39 CONVICTION;
40 (B) THE CIRCUMSTANCES AND SERIOUSNESS OF THE OFFENSE FOR WHICH THE
41 DEFENDANT IS SEEKING RELIEF, INCLUDING WHETHER THE ARREST CHARGE WAS NOT
42 AN ELIGIBLE OFFENSE;
43 (C) THE CIRCUMSTANCES AND SERIOUSNESS OF ANY OTHER OFFENSES FOR WHICH
44 THE DEFENDANT STANDS CONVICTED;
45 (D) THE CHARACTER OF THE DEFENDANT, INCLUDING ANY MEASURES THAT THE
46 DEFENDANT HAS TAKEN TOWARD REHABILITATION, SUCH AS PARTICIPATING IN
47 TREATMENT PROGRAMS, WORK, OR SCHOOLING, AND PARTICIPATING IN COMMUNITY
48 SERVICE OR OTHER VOLUNTEER PROGRAMS;
49 (E) ANY STATEMENTS MADE BY THE VICTIM OF THE OFFENSE FOR WHICH THE
50 DEFENDANT IS SEEKING RELIEF;
51 (F) THE IMPACT OF SEALING THE DEFENDANT'S RECORD UPON HIS OR HER REHA-
52 BILITATION AND UPON HIS OR HER SUCCESSFUL AND PRODUCTIVE REENTRY AND
53 REINTEGRATION INTO SOCIETY; AND
54 (G) THE IMPACT OF SEALING THE DEFENDANT'S RECORD ON PUBLIC SAFETY AND
55 UPON THE PUBLIC'S CONFIDENCE IN AND RESPECT FOR THE LAW.
The judge shall look at any relevant factors to make a decision on whether or not to seal your criminal convictions. These include but are not limited to the following:
1. Time that has passed since these convictions;
2. Circumstances and seriousness of these offenses;
3. Circumstances and seriousness of any other offense;
4. Your character;
5. Any rehabilitation, treatment programs, educational programs, community service, and volunteering;
6. Any victim statements;
7. Impact of sealing upon your rehabilitation and treatment;
8. Impact of sealing upon your life and future;
9. Public's confidence in the law and respect for the law;
10. Public safety.
Will the public be effected negatively by this sealing of the defendant's criminal conviction record?
S. 8113 4
1 8. WHEN A SENTENCING JUDGE OR COUNTY OR SUPREME COURT ORDERS SEALING
2 PURSUANT TO THIS SECTION, ALL OFFICIAL RECORDS AND PAPERS RELATING TO
3 THE ARRESTS, PROSECUTIONS, AND CONVICTIONS, INCLUDING ALL DUPLICATES AND
4 COPIES THEREOF, ON FILE WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES
5 OR ANY COURT SHALL BE SEALED AND NOT MADE AVAILABLE TO ANY PERSON OR
6 PUBLIC OR PRIVATE AGENCY EXCEPT AS PROVIDED FOR IN SUBDIVISION NINE OF
7 THIS SECTION; PROVIDED, HOWEVER, THE DIVISION SHALL RETAIN ANY FINGER-
8 PRINTS, PALMPRINTS AND PHOTOGRAPHS, OR DIGITAL IMAGES OF THE SAME. THE
9 CLERK OF SUCH COURT SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF THE
10 DIVISION OF CRIMINAL JUSTICE SERVICES REGARDING THE RECORDS THAT SHALL
11 BE SEALED PURSUANT TO THIS SECTION. THE CLERK ALSO SHALL NOTIFY ANY
12 COURT IN WHICH THE DEFENDANT HAS STATED, PURSUANT TO PARAGRAPH (B) OF
13 SUBDIVISION TWO OF THIS SECTION, THAT HE OR SHE HAS FILED OR INTENDS TO
14 FILE AN APPLICATION FOR SEALING OF ANY OTHER ELIGIBLE OFFENSE.
The judge shall order sealing then ALL official records, papers, and documents relating to the arrest, prosecution, and conviction shall be made unavailable to any person, or public or private agency.
They do retain digital images of everything including fingerprints, palm prints, and photographs.
-
15 9. RECORDS SEALED PURSUANT TO THIS SECTION SHALL BE MADE AVAILABLE TO: -
16 (A) THE DEFENDANT OR THE DEFENDANT'S DESIGNATED AGENT; OR -
17 (B) QUALIFIED AGENCIES, AS DEFINED IN SUBDIVISION NINE OF SECTION
18 EIGHT HUNDRED THIRTY-FIVE OF THE EXECUTIVE LAW, AND FEDERAL AND STATE
19 LAW ENFORCEMENT AGENCIES, WHEN ACTING WITHIN THE SCOPE OF THEIR LAW
20 ENFORCEMENT DUTIES; OR
21 (C) ANY STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY FOR THE
22 ISSUANCE OF LICENSES TO POSSESS GUNS, WHEN THE PERSON HAS MADE APPLICA-
23 TION FOR SUCH A LICENSE; OR
24 (D) ANY PROSPECTIVE EMPLOYER OF A POLICE OFFICER OR PEACE OFFICER AS
25 THOSE TERMS ARE DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR OF
26 SECTION 1.20 OF THIS CHAPTER, IN RELATION TO AN APPLICATION FOR EMPLOY-
27 MENT AS A POLICE OFFICER OR PEACE OFFICER; PROVIDED, HOWEVER, THAT EVERY
28 PERSON WHO IS AN APPLICANT FOR THE POSITION OF POLICE OFFICER OR PEACE
29 OFFICER SHALL BE FURNISHED WITH A COPY OF ALL RECORDS OBTAINED UNDER
30 THIS PARAGRAPH AND AFFORDED AN OPPORTUNITY TO MAKE AN EXPLANATION THERE-
31 TO; OR
32 (E) THE CRIMINAL JUSTICE INFORMATION SERVICES DIVISION OF THE FEDERAL
33 BUREAU OF INVESTIGATION, FOR THE PURPOSES OF RESPONDING TO QUERIES TO
34 THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM REGARDING ATTEMPTS
35 TO PURCHASE OR OTHERWISE TAKE POSSESSION OF FIREARMS, AS DEFINED IN 18
36 USC 921(A)(3).
37 10. A CONVICTION WHICH IS SEALED PURSUANT TO THIS SECTION IS INCLUDED
38 WITHIN THE DEFINITION OF A CONVICTION FOR THE PURPOSES OF ANY CRIMINAL
39 PROCEEDING IN WHICH THE FACT OF A PRIOR CONVICTION WOULD ENHANCE A
40 PENALTY OR IS AN ELEMENT OF THE OFFENSE CHARGED.
Who can access these sealed records, and when can they access your sealed records:
1. Law Enforcement Officers when enforcing the law;
2. When you apply for a gun permit or firearms license;
3. When you apply for a law enforcement job;
4. A District Attorney when seeking to enhance a penalty or a criminal charge.
41 11. NO DEFENDANT SHALL BE REQUIRED OR PERMITTED TO WAIVE ELIGIBILITY
42 FOR SEALING PURSUANT TO THIS SECTION AS PART OF A PLEA OF GUILTY,
43 SENTENCE OR ANY AGREEMENT RELATED TO A CONVICTION FOR AN ELIGIBLE
44 OFFENSE AND ANY SUCH WAIVER SHALL BE DEEMED VOID AND WHOLLY ENFORCEABLE.
One of my favorite sections of the new law. You can NOT waive (give up) your right to seal your criminal conviction record. Many things can be given up as part of a plea bargain, including the right to appeal, this one can not be by law.
45 S 2. Subdivision 16 of section 296 of the executive law, as separately
46 amended by section 3 of part N and section 14 of part AAA by chapter 56
47 of the laws of 2009, is amended to read as follows:
48 16. It shall be an unlawful discriminatory practice, unless specif-
49 ically required or permitted by statute, for any person, agency, bureau,
50 corporation or association, including the state and any political subdi-
51 vision thereof, to make any inquiry about, whether in any form of appli-
52 cation or otherwise, or to act upon adversely to the individual
53 involved, any arrest or criminal accusation of such individual not then
54 pending against that individual which was followed by a termination of
55 that criminal action or proceeding in favor of such individual, as
56 defined in subdivision two of section 160.50 of the criminal procedure
S. 8113 5
1 law, or by a youthful offender adjudication, as defined in subdivision
2 one of section 720.35 of the criminal procedure law, or by a conviction
3 for a violation sealed pursuant to section 160.55 of the criminal proce-
4 dure law or by a conviction which is sealed pursuant to section 160.58
5 OR 160.59 of the criminal procedure law, in connection with the licens-
6 ing, employment or providing of credit or insurance to such individual;
7 provided, further, that no person shall be required to divulge informa-
8 tion pertaining to any arrest or criminal accusation of such individual
9 not then pending against that individual which was followed by a termi-
10 nation of that criminal action or proceeding in favor of such individ-
11 ual, as defined in subdivision two of section 160.50 of the criminal
12 procedure law, or by a youthful offender adjudication, as defined in
13 subdivision one of section 720.35 of the criminal procedure law, or by a
14 conviction for a violation sealed pursuant to section 160.55 of the
15 criminal procedure law, or by a conviction which is sealed pursuant to
16 section 160.58 OR 160.59 of the criminal procedure law.
It is Unlawful to ask on a formal (written application) or in an interview (job or occupational license) about a sealedcriminal conviction or to hold that sealed history against someone. That also includes any convictions or arrests adjudicated when you are under age 19 (youthful offender).
No-one can inquire about the sealed convictions.
Not a governmental occupational agency for licensing,Not an employer for a job or position.
EXCEPT inquiry can be made once you apply for :
Gun, firearm, or deadly weapon license;
Employment as police officer or peace officer.
The provisions
17 of this subdivision shall not apply to the licensing activities of
18 governmental bodies in relation to the regulation of guns, firearms and
19 other deadly weapons or in relation to an application for employment as
20 a police officer or peace officer as those terms are defined in subdivi-
21 sions thirty-three and thirty-four of section 1.20 of the criminal
22 procedure law; provided further that the provisions of this subdivision
23 shall not apply to an application for employment or membership in any
24 law enforcement agency with respect to any arrest or criminal accusation
25 which was followed by a youthful offender adjudication, as defined in
26 subdivision one of section 720.35 of the criminal procedure law, or by a
27 conviction for a violation sealed pursuant to section 160.55 of the
28 criminal procedure law, or by a conviction which is sealed pursuant to
29 section 160.58 OR 160.59 of the criminal procedure law.
30 S 3. This act shall take effect on the one hundred eightieth day after
31 it shall have become a law and shall apply to searches of criminal
32 history records conducted on or after such date; provided, however, that
33 a defendant may request sealing, as set forth in section 160.59 of the
34 criminal procedure law, as added by section one of this act, for an
35 offense which was committed prior to the effective date of this act or
So there are the major parts of the new sealing law and hopefully some simplification.
It's accompanying piece of integrated Executive law on the unlawfulness of inquiring into past sealed convictions are a bonus to those applying for jobs or occupational licenses.
Lawrence Newman is a partner in Newman and Cyr which focuses on DWI and criminal defense in the Fingerlakes region of New York State. contact larry@ithacacdwi.com
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