New York A 4606: Relates to sealing of dismissals and violations that are more than twenty years old

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A04606 Summary:

BILL NOA04606 

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SAME ASNo Same As

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SPONSORCruz

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COSPNSR

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MLTSPNSR

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Amd §§160.50 & 160.55, CP L

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Relates to sealing of dismissals and violations that are more than twenty years old.

Go to top A04606 Actions:

BILL NOA04606 

&nbsp

02/04/2025referred to codes

01/07/2026referred to codes

Go to topA04606 Committee&nbspVotes:

Go to topA04606 Floor&nbspVotes:

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

Go to topA04606 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4606

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 4, 2025
 ___________

 Introduced by M. of A. CRUZ -- read once and referred to the Committee
 on Codes

 AN ACT to amend the criminal procedure law, in relation to sealing of
 dismissals and violations that are more than twenty years old

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

 1 Section 1. Subdivision 4 of section 160.50 of the criminal procedure
 2 law, as amended by chapter 905 of the laws of 1977 and as renumbered by
 3 chapter 142 of the laws of 1991, is amended to read as follows:
 4 4. A person in whose favor a criminal action or proceeding was termi-
 5 nated, as defined in [paragraph] paragraphs (a) through (h), (k) or (l)
 6 of subdivision [two] three of this section, prior to the effective date
 7 of [this section, may upon motion apply to the court in which such
 8 termination occurred, upon not less than twenty days notice to the
 9 district attorney, for an order granting to such person the relief set
 10 forth in subdivision one of this section, and such order shall be grant-
 11 ed unless the district attorney demonstrates to the satisfaction of the
 12 court that the interests of justice require otherwise. A person in whose
 13 favor a criminal action or proceeding was terminated, as defined in
 14 paragraph (i) or (j) of subdivision two of this section, prior to the
 15 effective date of this section, may apply to the appropriate prosecutor
 16 or police agency for a certification as described in said paragraph (i)
 17 or (j) granting to such person the relief set forth therein, and such
 18 certification shall be granted by such prosecutor or police agency] the
 19 chapter of the laws of two thousand twenty-five which amended this
 20 subdivision, and whose records have not been sealed pursuant to subdivi-
 21 sion one of this section, may apply to have the records of such criminal
 22 action or proceeding sealed at the clerk's office for the court in which
 23 the criminal action or proceeding was terminated. Application may be
 24 made by the person or by their attorney. Upon a determination by the
 25 clerk that the action or proceeding was terminated in the person's favor

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07629-01-5

 A. 4606 2

 1 as defined in subdivision three of this section, the clerk of the court
 2 shall immediately notify the commissioner and the heads of all appropri-
 3 ate police departments and other law enforcement agencies that the
 4 action has been terminated in favor of the accused and that the record
 5 of such action or proceeding shall be sealed. Upon receipt of notifica-
 6 tion of such termination and sealing, all records relating to the crimi-
 7 nal action shall be sealed, as required under paragraph (c) of subdivi-
 8 sion one of this section, and all photographs, photographic plates or
 9 proofs, palm prints and fingerprints shall be destroyed or returned as
 10 specified in paragraphs (a) and (b) of subdivision one of this section.
 11 § 2. Subdivision 3 of section 160.55 of the criminal procedure law, as
 12 amended by chapter 23 of the laws of 2021, is amended to read as
 13 follows:
 14 3. A person against whom a criminal action or proceeding was termi-
 15 nated by such person's conviction of a traffic infraction or violation
 16 other than the violation of operating a motor vehicle while ability
 17 impaired as described in subdivision one of section eleven hundred nine-
 18 ty-two of the vehicle and traffic law, prior to the effective date of
 19 [this section, may upon motion apply to the court in which such termi