S 7452: Relates to orders of adjournment in contemplation of dismissal by mandating that judges seal certain records of defendants rather than giving judge's discretion for such an action; limits the total period of adjournment to 90 days.

  
  STATE OF NEW YORK ________________________________________________________________________ 7452 2025-2026 Regular Sessions  IN SENATE April 16, 2025 ___________ Introduced by Sen. HOYLMAN-SIGAL -- 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 orders of adjournment in contemplation of dismissal and sealing of defendant records The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 160.58 of the criminal procedure 2 law, as added by section 3 of part AAA of chapter 56 of the laws of 3 2009, is amended to read as follows: 4 1. A defendant convicted of any offense defined in article two hundred 5 twenty [or two hundred twenty-one] of the penal law or a specified 6 offense defined in subdivision five of section 410.91 of this chapter 7 who has successfully completed a judicial diversion program under arti- 8 cle two hundred sixteen of this chapter, or one of the programs hereto- 9 fore known as drug treatment alternative to prison or another judicially 10 sanctioned drug treatment program of similar duration, requirements and 11 level of supervision, and has completed the sentence imposed for the 12 offense or offenses, [is eligible to] shall have such offense or 13 offenses sealed pursuant to this section. 14 § 2. Subdivision 2 of section 160.58 of the criminal procedure law, as 15 added by section 3 of part AAA of chapter 56 of the laws of 2009, is 16 amended to read as follows: 17 2. The court that sentenced the defendant to a judicially sanctioned 18 drug treatment program [may on its own motion, or on the defendant's 19 motion,] shall order that all official records and papers relating to 20 the arrest, prosecution and conviction which resulted in the defendant's 21 participation in the judicially sanctioned drug treatment program be 22 conditionally sealed. In such case, the court may also conditionally 23 seal the arrest, prosecution and conviction records for no more than 24 [three] five of the defendant's prior [eligible] misdemeanors, [which EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08034-01-5 
 S. 7452 2 1 for purposes of this subdivision shall be limited to misdemeanor 2 offenses defined in article two hundred twenty or two hundred twenty-one 3 of the penal law. The court may only seal the records of the defend- 4 ant's arrests, prosecutions and convictions when] provided that a misde- 5 meanor for which registration as a sex offender is required shall not be 6 sealed pursuant to this section. The court may seal such records when: 7 (a) the sentencing court has requested and received from the division 8 of criminal justice services or the Federal Bureau of Investigation a 9 fingerprint based criminal history record of the defendant, including 10 any sealed or suppressed information. The division of criminal justice 11 services shall also include a criminal history report, if any, from the 12 Federal Bureau of Investigation regarding any criminal history informa- 13 tion that occurred in other jurisdictions. The division is hereby 14 authorized to receive such information from the Federal Bureau of Inves- 15 tigation for this purpose. The parties shall be permitted to examine 16 these records; 17 (b) the defendant or court has identified the misdemeanor conviction 18 or convictions for which relief may be granted; 19 (c) the court has received documentation that the sentences imposed on 20 the [eligible] misdemeanor convictions have been completed, or if no 21 such documentation is reasonably available, a sworn affidavit that the 22 sentences imposed on the prior misdemeanors have been completed; and 23 (d) the court has notified the district attorney of each jurisdiction 24 in which the defendant has been convicted of an offense with respect to 25 which sealing is sought, and the court or courts of record for such 26 offenses, that the court is considering sealing the records of the 27 defendant's [eligible] misdemeanor convictions. Both the district attor- 28 ney and the court shall be given a reasonable opportunity, which shall 29 not be less than thirty days, in which to comment and submit materials 30 to aid the court in making such a determination. 31 § 3. Subdivision 3 of section 160.58 of the criminal procedure law, as 32 added by section 3 of part AAA of chapter 56 of the laws of 2009, is 33 amended to read as follows: 34 3. At the request of the defendant or the district attorney of a coun- 35 ty in which the defendant committed a crime that is the subject of the 36 sealing application, the court [may] shall conduct a hearing to consider 37 and review any relevant evidence offered by either party that would aid 38 the court in its decision whether to seal the records of the defendant's 39 arrests, prosecutions and convictions. In making such [a] determination, 40 the court shall consider any relevant factors, including but not limited 41 to the following factors: (i) the circumstances [and seriousness] of the 42 offense or offenses that resulted in the conviction or convictions; (ii) 43 [the character of the defendant, including his or her] the defendant's 44 completion of the judicially sanctioned treatment program as described 45 in subdivision one of this section; (iii) the defendant's criminal 46 conviction history taking into account the time that has elapsed since 47 the occurrence of any conviction and the age of the defendant at the 48 time of such conviction; and (iv) the impact of sealing the defendant's 49 records upon [his or her] the defendant's rehabilitation and his or her 50 successful and productive reentry and reintegration into society, and on 51 public safety. 52 § 4. Subdivision 2 of section 170.55 of the criminal procedure law, as 53 amended by chapter 222 of the laws of 1994, is amended to read as 54 follows: 55 2. An adjournment in contemplation of dismissal is an adjournment of 56 the action without date ordered [with a view to ultimate] intended for 
 S. 7452 3 1 the dismissal of the accusatory instrument in furtherance of justice. 2 Upon issuing such an order, the court must release the defendant on 3 [his] the defendant's own recognizance. [Upon application of the 4 people, made at any time not more than six months, or in the case of a 5 family offense as defined in subdivision one of section 530.11 of this 6 chapter, one year, after the issuance of such order, the court may 7 restore the case to the calendar upon a determination that dismissal of 8 the accusatory instrument would not be in furtherance of justice, and 9 the action must thereupon proceed. If the case is not so restored within 10 such six months or one year period, the accusatory instrument is, at the 11 expiration of such period, deemed to have been dismissed by the court in 12 furtherance of justice.] At any time prior to dismissal the court may 13 modify the conditions or extend or reduce the term of adjournment, 14 except that the total period of adjournment shall not exceed ninety 15 days, or in the case of a family offense as defined in section 530.11 of 16 this chapter, the period of adjournment shall not be more than one year. 17 Upon violation of any condition fixed by the court, the court may revoke 18 its order and restore the case to the calendar and the prosecution may 19 proceed. If the case is not so restored to the calendar during the peri- 20 od fixed by the court, the accusatory instrument is, at the expiration 21 of such period, deemed to have been dismissed. 22 § 5. Section 170.56 of the criminal procedure law, as added by chapter 23 1042 of the laws of 1971, subdivision 1 as amended by chapter 92 of the 24 laws of 2021 and subdivision 3 as amended by chapter 905 of the laws of 25 1977, is amended to read as follows: 26 § 170.56 Adjournment in contemplation of dismissal in cases involving 27 marihuana. 28 1. Upon or after arraignment in a local criminal court upon an infor- 29 mation, a prosecutor's information or a misdemeanor complaint, where the 30 sole remaining count or counts charge a violation or violations of 31 former section 222.10, 222.15, 222.25, 222.30, 222.45 or 222.50 of the 32 penal law, or upon summons for a nuisance offense under section sixty- 33 five-c of the alcoholic beverage control law and before the entry of a 34 plea of guilty thereto or commencement of a trial thereof, the court, 35 upon motion of a defendant, may order that all proceedings be suspended 36 and the action adjourned in contemplation of dismissal, or upon a find- 37 ing that adjournment would not be necessary [or appropriate] and the 38 setting forth in the record of the reasons for such findings, may 39 dismiss in furtherance of justice the accusatory instrument[; provided, 40 however, that the court may not order such adjournment in contemplation 41 of dismissal or dismiss the accusatory instrument if: (a) the defendant 42 has previously been granted such adjournment in contemplation of 43 dismissal, or (b) the defendant has previously been granted a dismissal 44 under this section, or (c) the defendant has previously been convicted 45 of any offense involving controlled substances, or (d) the defendant has 46 previously been convicted of a crime and the district attorney does not 47 consent or (e) the defendant has previously been adjudicated a youthful 48 offender on the basis of any act or acts involving controlled substances 49 and the district attorney does not consent. Notwithstanding the limita- 50 tions set forth in this subdivision, the court may order that all 51 proceedings be suspended and the action adjourned in contemplation of 52 dismissal based upon a finding of exceptional circumstances. For 53 purposes of this subdivision, exceptional circumstances exist when, 54 regardless of the ultimate disposition of the case, the entry of a plea 55 of guilty is likely to result in severe or ongoing consequences, includ- 56 ing, but not limited to, potential or actual immigration consequences]. 
 S. 7452 4 1 2. [Upon ordering the action adjourned in contemplation of dismissal, 2 the court must set and specify such conditions for the adjournment as 3 may be appropriate, and such conditions may include placing the defend- 4 ant under the supervision of any public or private agency. At any time 5 prior to dismissal the court may modify the conditions or extend or 6 reduce the term of the adjournment, except that the total period of 7 adjournment shall not exceed twelve months. Upon violation of any 8 condition fixed by the court, the court may revoke its order and restore 9 the case to the calendar and the prosecution thereupon must proceed. If 10 the case is not so restored to the calendar during the period fixed by 11 the court, the accusatory instrument is, at the expiration of such peri- 12 od, deemed to have been dismissed in the furtherance of justice.] An 13 adjournment in contemplation of dismissal is an adjournment of the 14 action without date ordered intended for the dismissal of the accusatory 15 instrument in furtherance of justice. Upon issuing such an order, the 16 court must release the defendant on the defendant's own recognizance. 17 At any time prior to dismissal the court may modify the conditions or 18 extend or reduce the term of adjournment, except that the total period 19 of adjournment shall not exceed ninety days. Upon violation of any 20 condition fixed by the court, the court may revoke its order and restore 21 the case to the calendar and the prosecution may proceed. If the case is 22 not so restored to the calendar during the period fixed by the court, 23 the accusatory instrument is, at the expiration of such period, deemed 24 to have been dismissed. 25 3. Upon or after dismissal of such charges against a defendant [not 26 previously convicted of a crime,] the court shall order that all offi- 27 cial records and papers, relating to the defendant's arrest and prose- 28 cution, whether on file with the court, a police agency, or the New York 29 state division of criminal justice services, be sealed and, except as 30 otherwise provided in paragraph (d) of subdivision one of section 160.50 31 of this chapter, not made available to any person or public or private 32 agency[; except, such records shall be made available under order of a 33 court for the purpose of determining whether, in subsequent proceedings, 34 such person qualifies under this section for a dismissal or adjournment 35 in contemplation of dismissal of the accusatory instrument]. 36 4. Upon the granting of an order pursuant to subdivision three of this 37 section, the arrest and prosecution shall be deemed a nullity and the 38 defendant shall be restored, in contemplation of law, to the status [he] 39 the defendant occupied before [his] such arrest and prosecution. 40 § 6. This act shall take effect on the sixtieth day after it shall 41 have become a law.