Requires automatic sealing of certain misdemeanor records; provides exceptions thereto; requires the division of criminal justice services to publish statistics on automatic sealing of certain records.
This bill would create a new automatic sealing process for certain misdemeanor convictions in New York. It defines an “eligible offense” as most misdemeanors, excluding sex offenses and offenses requiring sex offender registration, and provides that a person with no more than two eligible offenses may have all records relating to those arrests, prosecutions, and convictions sealed once 10 years have passed since the sentence on the most recent conviction. Time spent incarcerated would not count toward the 10-year waiting period, and the bill also bars plea agreements or sentencing arrangements from requiring a waiver of sealing eligibility.
The bill also sets out a process for records that should have been sealed but were not, allowing sealing to occur after notice and proof of eligibility. It requires the Division of Criminal Justice Services to retain fingerprints, palmprints, and photographs, and to notify courts and law enforcement agencies when records are sealed. In addition, the bill directs DCJS to publish annual statistics on the number of convictions automatically sealed under the new law.
The bill would amend the Criminal Procedure Law by adding a new section governing automatic sealing of certain misdemeanor records, and it would amend the Executive Law to require DCJS to publish annual sealing statistics. It would affect court records, DCJS records, and records held by law enforcement agencies, while preserving access for the individual, qualified agencies, law enforcement, gun licensing authorities, police/peace officer employers, and the FBI for NICS firearm background check purposes. It would also limit sealing eligibility for people with pending charges, later convictions, more than two crimes, or prior use of sealing remedies under existing law.
No committee transcript or vote record was provided, so there is no documented floor or committee debate to gauge support or opposition. Based on the bill text, the measure appears designed as a criminal justice relief and record-clearing proposal, suggesting a reform-oriented intent focused on reducing barriers for people with older misdemeanor convictions. The absence of recorded votes or discussion means the public and legislative sentiment cannot be directly measured from the supplied materials.
The main points of potential contention are the breadth of automatic sealing and the exceptions that preserve access for law enforcement, firearm licensing, and police hiring. Supporters are likely to emphasize second chances, reduced collateral consequences, and administrative efficiency from automatic rather than petition-based sealing. Opponents or skeptics may focus on public safety, transparency, and whether the 10-year waiting period and two-conviction limit are sufficient safeguards, especially given the continued availability of sealed records to certain agencies and employers.