Report on legislation providing for the sealing of misdemeanor felony records

SUMMARY

Four criminal justice committees issued a report supporting, with recommendations, state legislation which would amend New York’s sealing laws to provide sealing opportunities for people with misdemeanor and felony records. The Committees on Criminal Courts, Criminal Justice Operations, Corrections & Community Reentry, and Criminal Advocacy believe this legislation would aid the thousands of people who have served their punishment for felony convictions but find that the conviction poses a huge hurdle in getting employment. The bill would allow prosecutors and police to gain access to sealed records when pursuing a law-enforcement function. The committees recommend that the legislation be modified to: (1) reduce the 7-year grace period for misdemeanors; (2) expand relief for those with more than two misdemeanors; (3) apply sealing to education applications; (4) seal driving-while-intoxicated misdemeanors and (5) clarify government access to sealed records.

BILL INFORMATION

A.7030 (AM Lentol) / S.5169 (Sen. Nozzolio) – provides for the sealing of certain criminal records upon application and qualification; makes provisions for unsealing and for availability of such records to various agencies (NYS 2015-16)