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.