Bill > A07422

This bill expands the legal options for individuals seeking to vacate criminal convictions in New York State by creating broader grounds for filing motions to vacate judgments. Specifically, the bill allows individuals to file motions to vacate a judgment at any time after conviction if the offense has been subsequently decriminalized, effectively making such convictions a "legal nullity." The legislation introduces new provisions to the criminal procedure law that enable applicants to request the court to vacate their conviction, dismiss the accusatory instrument, and seal the conviction record. The bill also requires the chief administrator of the courts to collect and publicly report annual data on these motions, including the number of applications filed, conviction charges, counsel assignment rates, and motion outcomes. Additionally, the bill modifies existing legal language to replace the term "defendant" with "applicant" and adds provisions to ensure more comprehensive review of motions, such as requiring courts to consider all available evidence and allowing motions to be filed even if previously denied. By broadening the circumstances under which convictions can be vacated, the bill aims to provide more flexibility and fairness in the state's criminal justice system, particularly for individuals convicted of offenses that are no longer considered criminal.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A7422