S 6492: Makes technical corrections to the clean slate law to correct issues relating to multicategory conviction dockets and the conviction-specific supervision prohibitor.

  
  STATE OF NEW YORK ________________________________________________________________________ 6492 2025-2026 Regular Sessions  IN SENATE March 14, 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 making tech- nical corrections to the clean slate law to correct issues relating to multicategory conviction dockets and the conviction-specific super- vision prohibitor The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (b) of subdivision 1 of section 160.57 of the 2 criminal procedure law, as added by chapter 631 of the laws of 2023, is 3 amended to read as follows: 4 (b) Criminal convictions shall be sealed upon satisfaction of the 5 following conditions: 6 (i) for a misdemeanor conviction, at least three years have passed 7 from the defendant's release from incarceration or the imposition of 8 sentence if there was no sentence of incarceration. If the defendant is 9 subsequently convicted of a crime before a prior conviction is sealed 10 pursuant to this section, the calculation of time for such prior 11 conviction shall start upon the same date as the time calculation starts 12 for the subsequent criminal conviction; 13 (ii) for a felony conviction, at least eight years have passed from 14 the date the defendant was last released from incarceration for the 15 sentence of the conviction eligible for sealing or from the imposition 16 of sentence if there was no sentence of incarceration. A defendant's 17 detention for an alleged violation of parole or post-release supervision 18 shall not interfere with the time calculation prescribed herein unless 19 and until supervision is revoked resulting in the defendant's reincar- 20 ceration. If the defendant is subsequently convicted of a crime before a 21 prior conviction is sealed pursuant to this section, the calculation of 22 time for such prior conviction shall start upon the same date as the 23 time calculation starts for the subsequent criminal conviction; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10779-01-5 
 S. 6492 2 1 (iii) for any convictions of infractions or noncriminal violations 2 from a docket or accusatory instrument from which other criminal 3 convictions also originated, all such other criminal convictions stem- 4 ming from such same docket or accusatory instrument have otherwise 5 become eligible for sealing pursuant to this section; 6 (iv) where all other criminal convictions stemming from the same dock- 7 et or accusatory instrument are also otherwise eligible for sealing 8 pursuant to this section; 9 (v) the defendant does not have a subsequent criminal charge pending 10 in this state; 11 [(iv)] (vi) the defendant is not currently under the supervision of 12 any probation or parole department [for the conviction eligible for 13 sealing]; 14 [(v)] (vii) the conviction is not for an offense defined as a sex 15 offense or sexually violent offense under section one hundred sixty- 16 eight-a of the correction law; 17 [(vi)] (viii) the conviction is not for a class A felony offense 18 defined in the penal law, other than class A felony offenses defined in 19 article two hundred twenty of the penal law; 20 [(vii)] (ix) the defendant is a natural person; 21 [(viii)] (x) the defendant does not have a subsequent felony charge 22 pending in another jurisdiction that is not a felony charge related to 23 reproductive or gender affirming care or the possession of cannabis 24 which would not constitute a felony in New York. This subparagraph shall 25 apply if and when appropriate federal authorities grant access to 26 records necessary to query to effectuate the purposes of this subpara- 27 graph in an automated manner; and 28 [(ix)] (xi) the defendant does not have a subsequent felony conviction 29 in another jurisdiction in the preceding eight years that is not a felo- 30 ny conviction related to reproductive or gender affirming care or the 31 possession of cannabis which would not constitute a felony in New York. 32 This subparagraph shall apply if and when appropriate federal authori- 33 ties grant access to records necessary to query to effectuate the 34 purposes of this subparagraph in an automated manner. 35 § 2. This act shall take effect immediately.