Bill > S00895

This bill provides for the automatic expungement of arrest records in situations where the arrest was ultimately voidable, which means the arrest occurred but did not result in formal charges, was found to lack probable cause, or had the proceedings against the individual dismissed. Under this legislation, within 30 days of an arrest becoming voidable, the court with jurisdiction must issue an expungement order. This order requires law enforcement and judicial agencies to completely destroy or seal all related records, including photographs, fingerprints, retina scans, and official documents. The bill mandates that agencies notify each other about the expungement and request destruction of any copies held outside the state. If automatic expungement does not occur, the arrested individual or their attorney can request expungement from the appropriate court. Importantly, after expungement, the person can legally state that the arrest did not occur when responding to employment inquiries, effectively protecting their future employment prospects. The law will take effect 180 days after becoming official, giving agencies time to prepare for implementation.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S895