Bill > A07131

This bill establishes a comprehensive process for expunging criminal records in cases of identity theft or mistaken identity. The bill defines "mistaken identity" as an erroneous arrest due to witness or law enforcement misidentification, and provides detailed procedures for clearing a person's record when charges are dismissed under these circumstances. When a person is arrested due to identity theft or mistaken identity and the charges are subsequently dismissed, the court must order the complete expunction of all official records, including fingerprints, photographs, and DNA samples. The bill requires notification to the arrested person and mandates that multiple government agencies, including the department of motor vehicles, division of criminal justice services, and other relevant state and local agencies, remove all records related to the arrest. Additionally, the bill provides significant protections for the affected individual, allowing them to deny the arrest ever occurred and prohibiting them from being required to disclose the arrest for employment, licensing, or other purposes. The legislation also requires insurance companies to refund any additional premiums charged due to the expunged charges and ensures that administrative actions, such as driver's license suspensions, are reversed. Importantly, the bill applies to individuals arrested and not charged, regardless of their prior arrest or conviction history.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A7131