Bill > S01055

This bill amends the executive law to modify how the Division of Criminal Justice Services (DCJS) reports criminal history records for civil purposes. Currently, when conducting a search of criminal history records, the DCJS reports criminal convictions and pending criminal arrests. The bill specifically prohibits the DCJS from reporting criminal arrests and accompanying criminal actions that have been adjourned in contemplation of dismissal (ACD) under specific sections of the criminal procedure law. An ACD is a legal mechanism that allows a case to be temporarily set aside, potentially leading to eventual dismissal, without an immediate conviction. Under this new legislation, such ACD cases will not be considered pending for civil purposes unless the ACD order is revoked and the case is returned to the court calendar for further prosecution. This change aims to prevent individuals with pending ACD orders from experiencing potential negative consequences in civil contexts, such as employment background checks or other civil proceedings, by ensuring these pending cases are not disclosed.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S1055