Bill > A06873

This bill provides for the automatic expungement of arrest records in certain situations where the arrest is considered "voidable," which includes cases where an individual was released without formal charges, the arrest was determined to lack probable cause, or the proceedings were dismissed. Under the proposed law, when an arrest becomes voidable, the court must issue an expungement order within 30 days, requiring law enforcement agencies to destroy all related photographs, fingerprints, and retina scans, and to notify other agencies to destroy or return such records. The bill mandates that official records be marked as expunged and sealed, preventing their use except when explicitly authorized by law. Agencies must also notify the arrested individual and their attorney about the expungement. Importantly, if automatic expungement does not occur, the individual or their attorney can petition the court to have the records expunged. Once expunged, the person can legally respond to employment inquiries as though the arrest never happened, helping to prevent past arrests from negatively impacting future opportunities. The law would take effect 180 days after becoming law, allowing time for agencies to prepare for implementation.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A6873