New York Senate Bill S07142

New York 2025-2026 Regular Session

• Introduced: 4/1/25
• Refer: 4/1/25
• Refer: 1/7/26

Caption

Prohibits employment discrimination against persons whose criminal charges have been adjourned in contemplation of dismissal.

Summary

This bill amends the Criminal Procedure Law to make clear that certain cases resolved by an adjournment in contemplation of dismissal (ACD) are treated as having been terminated in the defendant’s favor for purposes of the New York State Human Rights Law’s employment and licensing discrimination protections. Specifically, it adds language to sections 170.55 and 170.56 stating that when an ACD is granted, the matter is considered terminated in the person’s favor under Executive Law section 296(16), which is the provision that limits discrimination based on arrests and criminal accusations that do not result in convictions. The bill also preserves existing protections by stating that nothing in the act should be read to reduce any rights already available to employees, licensees, or applicants under current law. It takes effect 90 days after becoming law, with authorization for any necessary implementing regulations to be adopted in advance.

Impact

The bill would affect the interaction between criminal procedure law and New York’s anti-discrimination laws by expressly linking ACD dispositions to the employment and licensing protections in Executive Law section 296(16). In practical terms, it would strengthen the argument that people whose charges are adjourned in contemplation of dismissal cannot be treated as having a disqualifying criminal history for employment or professional licensing purposes solely because of the arrest or charge. It would not create a new ACD procedure, but would clarify the legal consequences of an existing one and likely reduce ambiguity for employers, licensing agencies, and applicants.

Sentiment

Based on the bill text and available context, the measure appears to be framed as a civil rights and fairness bill aimed at reducing collateral consequences of criminal charges that do not end in conviction. There are no recorded committee transcripts or votes in the provided materials, so there is no documented opposition or support to assess from legislative debate. The overall tone of the bill is protective and remedial, emphasizing restoration of status and preservation of existing rights.

Contention

The main potential point of contention is whether automatically treating ACD dispositions as terminations in the person’s favor for employment and licensing purposes goes too far in limiting employer or licensing discretion. Supporters would likely view the bill as closing a loophole and ensuring that people who do not receive convictions are not penalized in the job market or by professional boards. Opponents, if any, would likely focus on public safety, screening standards, or the administrative burden on employers and licensing authorities. No specific objections are documented in the provided record.