New Law on Disclosure of sealed Criminal Histories
This is not strictly legal malpractice, but we wanted to report on this new statute. Indiscriminate use of youthful offender, or other sealed records of ACDs, dismissals are a frequent problem for attorneys. What are the rules? When do these arrest [but not conviction] records surface? What does a parent do for a kid who has a youthful indiscretion which results in an ACD ?
CH. 639. S.3092. SIGNED BY GOVERNOR 8/28/07. EFFECTIVE 11/1/07. AMENDS §296, EXECUTIVE LAW. RELATES TO UNLAWFUL DISCRIMINATORY EMPLOYER PRACTICES CONCERNING YOUTHFUL OFFENDERS AND PERSONS CONVICTED OF VIOLATIONS.
BILL TEXT:
STATE OF NEW YORK ________________________________________________________________________ 3092 2007-2008 Regular Sessions IN SENATE February 22, 2007 ___________ Introduced by Sen. VOLKER -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the executive law, in relation to unlawful discriminato- ry employer practices concerning youthful offenders and persons convicted of violations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 16 of section 296 of the executive law, as 2 amended by chapter 208 of the laws of 1985, is amended to read as 3 follows: 4 16. It shall be an unlawful discriminatory practice, unless specif- 5 ically required or permitted by statute, for any person, agency, bureau, 6 corporation or association, including the state and any political subdi- 7 vision thereof, to make any inquiry about, whether in any form of appli- 8 cation or otherwise, or to act upon adversely to the individual 9 involved, any arrest or criminal accusation of such individual not then 10 pending against that individual which was followed by a termination of 11 that criminal action or proceeding in favor of such individual, as 12 defined in subdivision two of section 160.50 of the criminal procedure 13 law, or by a youthful offender adjudication, as defined in subdivision 14 one of section 720.35 of the criminal procedure law, or by a conviction 15 for a violation sealed pursuant to section 160.55 of the criminal proce- 16 dure law in connection with the licensing, employment or providing of 17 credit or insurance to such individual; provided, however, that the 18 provisions hereof shall not apply to the licensing activities of govern- 19 mental bodies in relation to the regulation of guns, firearms and other 20 deadly weapons or in relation to an application for employment as a 21 police officer or peace officer as those terms are defined in subdivi- 22 sions thirty-three and thirty-four of section 1.20 of the criminal 23 procedure law; provided further that the provisions of this subdivision EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05179-04-7 S. 3092 2 1 shall not apply to an application for employment or membership in any 2 law enforcement agency with respect to any arrest or criminal accusation 3 which was followed by a youthful offender adjudication, as defined in 4 subdivision one of section 720.35 of the criminal procedure law, or by a 5 conviction for a violation sealed pursuant to section 160.55 of the 6 criminal procedure law. 7 § 2. This act shall take effect on the first of November next succeed- 8 ing the date on which it shall have become a law.