Vote Smart's Synopsis:

Vote to pass a bill that requires the automatic sealing of the records of certain convictions after specified periods of time.

Highlights:

• Requires that convictions for certain traffic violations or a crime defined in state law are sealed (Sec. 2).

• Requires that convictions for subdivision 1 of section 1192 of the vehicle and traffic law be sealed after 3 years (Sec. 2).

• Requires that criminal convictions be sealed upon the satisfaction of the following conditions (Sec. 2):

• For a misdemeanor conviction, a minimum of 3 years have passed since the defendant's release from incarceration or the imposition of the sentence;

• For a felony conviction, a minimum of 8 years have passed since the defendant’s release from incarceration or from the imposition of the sentence;

• The defendant has no criminal charges pending in the state;

• The defendant is not under the supervision of a probation or parole officer;

• The conviction is not a sex offense or a sexually violent offense;

• The conviction is not a class A felony;

• The defendant is living;

• The defendant has no felony charges pending in another jurisdiction that is not a charge related to reproductive or gender affirming care, or the possession of cannabis;

• The defendant does not have any felony convictions in another jurisdiction in the proceeding 8 years that is not a conviction related to reproductive or gender affirming care, or the possession of cannabis.

• Requires that the court administration check for eligibility no less than quarterly and for the conviction to be sealed if all other conditions for sealing are met (Sec. 2).

• Requires that criminal history information and records of convictions that are sealed are not to be accessed by any person or private agency except for (Sec. 2):

• The defendant and their counsel;

• Any court, defense counsel or prosecutor in the instance of the defendant witnessing a criminal proceeding, is brought in a criminal court, becomes a witness or party in a civil proceeding;

• Qualified law enforcement agencies when acting within the scope of their duties;

• Individuals or entities required by local law to request and receive a fingerprint-based check of criminal history information to determine an individual’s fitness to be responsible for the safety and well-being of children, the elderly and individuals with disabilities;

• Any prospective employer of police officers;

• Any agency issuing licenses to possess a firearm or explosive;

• The purpose of civilian investigation or evaluation of a civil action concerning law enforcement;

• When an individual is seeking a public program or benefit;

• The collection of restitution or reparation;

• Transportation network companies, the State Department of Education, the Office of Mental Health.

• Requires that when required ealing has not taken place and a valid form is submitted, the conviction be sealed within 30 days (Sec. 2).

• Requires that the Department of Corrections and Community Supervision and Chief Administrative Officer of each local correctional facility provide the Office of Court Administration with the necessary data to determine appropriate records to be sealed (Sec. 2).

• Specifies that nothing in this section requires the sealing or destruction of DNA information maintained in the state DNA database or the Department of Motor Vehicles (Sec. 2).

• Authorizes any person who has had a conviction the ability to bring a cause of action for damages if without consent, theri sealed convictions were disclosed (Sec. 7).

• Defines caregiver to mean a person employed to provide care to a child or children, or an elderly or vulnerable adult in the home of such a child, children, or elderly or vulnerable adult (Sec. 8).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that requires the automatic sealing of the records of certain convictions after specified periods of time.

Highlights:

• Requires that convictions for certain traffic violations or a crime defined in state law are sealed (Sec. 2).

• Requires that convictions for subdivision 1 of section 1192 of the vehicle and traffic law be sealed after 3 years (Sec. 2).

• Requires that criminal convictions be sealed upon the satisfaction of the following conditions (Sec. 2):

• For a misdemeanor conviction, a minimum of 3 years have passed since the defendant's release from incarceration or the imposition of the sentence;

• For a felony conviction, a minimum of 8 years have passed since the defendant’s release from incarceration or from the imposition of the sentence;

• The defendant has no criminal charges pending in the state;

• The defendant is not under the supervision of a probation or parole officer;

• The conviction is not a sex offense or a sexually violent offense;

• The conviction is not a class A felony;

• The defendant is living;

• The defendant has no felony charges pending in another jurisdiction that is not a charge related to reproductive or gender affirming care, or the possession of cannabis;

• The defendant does not have any felony convictions in another jurisdiction in the proceeding 8 years that is not a conviction related to reproductive or gender affirming care, or the possession of cannabis.

• Requires that the court administration check for eligibility no less than quarterly and for the conviction to be sealed if all other conditions for sealing are met (Sec. 2).

• Requires that criminal history information and records of convictions that are sealed are not to be accessed by any person or private agency except for (Sec. 2):

• The defendant and their counsel;

• Any court, defense counsel or prosecutor in the instance of the defendant witnessing a criminal proceeding, is brought in a criminal court, becomes a witness or party in a civil proceeding;

• Qualified law enforcement agencies when acting within the scope of their duties;

• Individuals or entities required by local law to request and receive a fingerprint-based check of criminal history information to determine an individual’s fitness to be responsible for the safety and well-being of children, the elderly and individuals with disabilities;

• Any prospective employer of police officers;

• Any agency issuing licenses to possess a firearm or explosive;

• The purpose of civilian investigation or evaluation of a civil action concerning law enforcement;

• When an individual is seeking a public program or benefit;

• The collection of restitution or reparation;

• Transportation network companies, the State Department of Education, the Office of Mental Health.

• Requires that when required ealing has not taken place and a valid form is submitted, the conviction be sealed within 30 days (Sec. 2).

• Requires that the Department of Corrections and Community Supervision and Chief Administrative Officer of each local correctional facility provide the Office of Court Administration with the necessary data to determine appropriate records to be sealed (Sec. 2).

• Specifies that nothing in this section requires the sealing or destruction of DNA information maintained in the state DNA database or the Department of Motor Vehicles (Sec. 2).

• Authorizes any person who has had a conviction the ability to bring a cause of action for damages if without consent, theri sealed convictions were disclosed (Sec. 7).

• Defines caregiver to mean a person employed to provide care to a child or children, or an elderly or vulnerable adult in the home of such a child, children, or elderly or vulnerable adult (Sec. 8).

Full Bill Text