New York S 3796: Provides that certain applicants be eligible for conviction sealing

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
S03796 Summary:

BILL NOS03796 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORMYRIE

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §160.59, CP L

&nbsp

Provides that certain applicants be eligible for conviction sealing.

Go to top S03796 Actions:

BILL NOS03796 

&nbsp

01/30/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS03796 Committee&nbspVotes:

Go to topS03796 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03796 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3796

 2025-2026 Regular Sessions

 IN SENATE

 January 30, 2025
 ___________

 Introduced by Sen. MYRIE -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes

 AN ACT to amend the criminal procedure law, in relation to eligibility
 for conviction sealing for certain applicants

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 160.59 of the criminal procedure law, as added by
 2 section 48 of part WWW of chapter 59 of the laws of 2017 and paragraph
 3 (a) of subdivision 2 and subdivision 11 as amended by chapter 60 of the
 4 laws of 2017, is amended to read as follows:
 5 § 160.59 Sealing of certain convictions.
 6 1. Definitions: As used in this section, the following terms shall
 7 have the following meanings:
 8 (a) "Eligible offense" shall mean a violation of subdivision one of
 9 section eleven hundred ninety-two of the vehicle and traffic law or any
 10 crime defined in the laws of this state other than a sex offense defined
 11 in article one hundred thirty of the penal law, an offense defined in
 12 article two hundred sixty-three of the penal law, a felony offense
 13 defined in article one hundred twenty-five of the penal law, a violent
 14 felony offense defined in section 70.02 of the penal law, a class A
 15 felony offense defined in the penal law, a felony offense defined in
 16 article one hundred five of the penal law where the underlying offense
 17 is not an eligible offense, an attempt to commit an offense that is not
 18 an eligible offense if the attempt is a felony, or an offense for which
 19 registration as a sex offender is required pursuant to article six-C of
 20 the correction law. For the purposes of this section, where the
 21 [defendant] applicant is convicted of more than one eligible offense,
 22 [committed as part of the same criminal transaction as defined in subdi-
 23 vision two of section 40.10 of this chapter, those offenses shall be
 24 considered one eligible offense] for which they were charged in separate
 25 counts of one indictment, information or complaint, or for which they

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08344-01-5

 S. 3796 2

 1 were charged in two or more indictments, informations or complaints,
 2 filed in the same court prior to entry of judgment under any of them,
 3 those offenses shall be considered one eligible offense.
 4 (b) "Sentencing judge" shall mean the judge who pronounced sentence
 5 upon the conviction under consideration, or if that judge is no longer
 6 sitting in a court in the jurisdiction in which the conviction was
 7 obtained, any other judge who is sitting in the criminal court where the
 8 judgment of conviction was entered.
 9 (c) "Prosecutor" shall mean the prosecutor's office that prosecuted
 10 the eligible offense.
 11 1-a. The chief administrator of the courts shall, pursuant to section
 12 10.40 of this chapter, prescribe a form application which may be used by
 13 a defendant to apply for sealing pursuant to this section. Such form
 14 application shall include all the essential elements required by this
 15 section to be included in an application for sealing. Nothing in this
 16 subdivision shall be read to require a defendant to use such form appli-
 17 cation to apply for sealing.
 18 2. (a) [A defendant] An individual who has been convicted of up to
 19 [two] four eligible criminal offenses but not more than one felony
 20 offense may apply to the court in which [he or she was] they were
 21 convicted of [the] their most serious eligible offense to have such
 22 conviction or convictions sealed. If all offenses are o