"For years, local law enforcement agencies were not
consistent in how they chose to seal conviction records for petty
offenses," Governor Cuomo said. "By signing this legislation, we can
take a small step to greatly improve disparities in the criminal justice
system."
For nearly 14 years, starting in 1980, nearly all
non-criminal dispositions that appeared on an individual's criminal history
report had been sealed. However, when the law was amended in 1994, local law
enforcement agencies began to inconsistently seal petty offenses, depending on
whether the arrest carried a more serious charge of a crime. This inconsistency
resulted in an unusual and unintended irregularity of individuals charged with
misdemeanors or felonies receiving more favorable treatment than those charged
with petty offenses.
Specifically, this new law clarifies that that the sealing
applies to the conviction charges as reflected in the final disposition of the
case, not the original charge - with the exception of the violations of
loitering or operating a motor vehicle while impaired. The legislation will
take effect in 90 days.
