A 4513: Provides that eligible youth who were not given youthful offender status by the court be eligible for conviction sealing.

  
  STATE OF NEW YORK ________________________________________________________________________ 4513 2025-2026 Regular Sessions  IN ASSEMBLY February 4, 2025 ___________ Introduced by M. of A. HYNDMAN -- read once and referred to the Commit- tee on Codes AN ACT to amend the criminal procedure law, in relation to eligibility for conviction sealing for eligible youth 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 is amended by 2 adding a new subdivision 12 to read as follows: 3 12. (a) Notwithstanding any other law, where an eligible youth was not 4 determined to be a youthful offender by the court pursuant to subdivi- 5 sion one of section 720.20 of this chapter, but was otherwise eligible 6 to be determined to be a youthful offender pursuant to article seven 7 hundred twenty of this chapter, such individual shall be eligible to 8 apply for conviction sealing in accordance with this section. Notwith- 9 standing paragraph (a) of subdivision one of this section, an "eligible 10 offense" for such individual shall include any crime defined in the laws 11 of this state other than (i) a class A-I or class A-II felony, or (ii) 12 an armed felony as defined in subdivision forty-one of section 1.20, 13 except as provided in paragraph (b) of this subdivision, or (iii) an 14 offense for which registration as a sex offender is required pursuant to 15 article six-C of the correction law. 16 (b) Notwithstanding the provisions of paragraph (a) of this subdivi- 17 sion, an eligible youth who has been convicted of an armed felony 18 offense is eligible for conviction sealing pursuant to this section if 19 the sentencing judge, or county or supreme court determines that one or 20 more of the following factors exist: (i) mitigating circumstances that 21 bear directly upon the manner in which the crime was committed; or (ii) 22 where the defendant was not the sole participant in the crime, the 23 defendant's participation was relatively minor although not so minor as 24 to constitute a defense to the prosecution. 25 (c) An eligible youth who has previously applied for conviction seal- 26 ing under this section, but was denied, shall be permitted to reapply 27 for such sealing pursuant to the provisions of this subdivision. 28 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08537-01-5