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  1. #1
    Join Date
    Feb 2007
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    139

    Default Proposed NYS Bill for Expunging Up To Two Felony and Misdemeanor Convictions

    Hello again, I’ve done some more research and it turns out that there is a bill in the New York State legislature right now that would allow for the expungement of up to 2 felonies and 2 misdemeanors. This is great news as it shows that NY is starting the recognize the problems people that just made a stupid mistake are facing for the rest of their life even when all they want to do is become productive citizens more than anything. Please check the details of this bill # A04958 out:

    http://assembly.state.ny.us/leg/?bn=A04958

    However it has not passed yet so please try to get as many people as you can to write into your representatives. You can find them along with their address easily on this site for your region:

    http://assembly.state.ny.us/

    Once you found them you can just plug in their name and the bill # with this sample letter format to help persuade them to get it approved as there are currently no ways to expunge a felony or misdemeanor and would finally allow prior offenders to get their records sealed completely:

    http://www.lac.org/toolkits/sealing/...er-sealing.doc

    There’s no telling when an opportunity like this might come up again if it doesn’t go through this time so please do all you can and spread the word!

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Proposed NYS Bill for Expunging (up to 2) Felony and Misdemeanor Convictions


  3. #3
    Join Date
    Feb 2007
    Posts
    139

    Default Re: Proposed NYS Bill for Expunging (up to 2) Felony and Misdemeanor Convictions

    For all that are interested in this bill please get involved because I just read an interesting statistic that of the 14,000 bills introduced each year, only 2,000 are acted upon and of those, only 800 are signed into law.

    So if you sit back, there's a very good chance it'll get overlooked since former criminals aren't exactly top priority. We can make a difference and do something that'll better all our lives...please call or write in to your assemblyman or senator and tell them how improtant the "second chance law" is to you!

    It's bill # A04958 in the assembly and bill # S02811 in the NYS senate.

    http://assembly.state.ny.us/leg/?bn=A04958

    http://assembly.state.ny.us/leg/?bn=S02811

  4. #4
    Join Date
    Mar 2007
    Posts
    1

    Default Re: Proposed NYS Bill for Expunging (up to 2) Felony and Misdemeanor Convictions

    Johnny, do you know how often the assembly or NYS senate act upon these bills? When is the first chance for this to get passed?

  5. #5
    Join Date
    Feb 2007
    Posts
    139

    Default Re: Proposed NYS Bill for Expunging (up to 2) Felony and Misdemeanor Convictions

    I do not know off-hand but I'm going to call the legislator's office that proposed it early this upcoming week and will let you know if I get an exact answer for you.

    I also received a response to one of my letters I wrote today from Sheldon Silver (the House Speaker) stating that, "the measure is currently under consideration in the Assembly's Codes Committee." It also said that my input will be useful during future discussions on this bill and if I have not already done so, to share my thoughts with my local Assembly and Senate representatives...which I have already done.

    So basically it's in the Codes Committee right now, if I receive any additional information by either a call or another letter back I will definitely post all further progress on here. I will keep on pursuing this as best I can.

    I also highly encourage you and everyone else on here that this applies to (which judging by previous posts is a lot), to write in to the Assembly and the Senate. As you can see it is making a difference and it takes only about 20 minutes of your time (if that if you use the template in the previous post) for something that could help change the rest of your life in such a positive way...or at the very least, place a call.

  6. #6
    Join Date
    Feb 2007
    Posts
    139

    Default Re: Proposed NYS Bill for Expunging (up to 2) Felony and Misdemeanor Convictions

    Hello again everyone, just had a little bit of a good news update. Back on 3/28, this bill did get advanced to a third reading (cal.182).

    That's nothing huge but some progress has been made and at least it's being worked on...so please keep sending in your letters and contacting your state assemblymen and senators in the meantime, it appears to be working!

    You can check out the progress under "actions" at this link again:

    http://assembly.state.ny.us/leg/?bn=A04958

  7. #7
    Join Date
    Feb 2007
    Posts
    139

    Default Bill has passed in the NYS Assembly...moved on to the Senate!

    Some good news everyone, this bill has gotten enough votes in the NYS Assembly and has passed there. It has now moved on to the NYS Senate for code review. You can see the votes here:

    http://assembly.state.ny.us/leg/?bn=A04958

    So now please try to find your local state senator and write in or call them. You can find the one in your area by clicking here and going to one of the links on the top right:

    http://www.senate.state.ny.us/senate...ators?OpenForm

    This bill link for the senate is:

    http://assembly.state.ny.us/leg/?bn=S02811

    A sample letter format can be found here:

    http://www.lac.org/toolkits/sealing/...er-sealing.doc

    But it’s also good to include a personal story especially if you just made a stupid mistake and aren’t allowed to make progress because of it no matter how hard you try.

    Please write in and have others do the same because if it gets passed in the Senate all that has to happen then is for the governor to sign it (or if he ignores it, it’ll automatically become law after 10 days). So definitely let them know how important this is to you as there’s currently no way to expunge or seal any kinds of felonies or misdemeanors in NY (one of only a couple states to still do this).

  8. #8
    Join Date
    Jun 2007
    Posts
    1

    Default Proposed NYS Bill for Expunging (up to 2) Felony and Misdemeanor Convictions

    I ask anyone to PLEASE keep me up to date on where this proposed bill will be made into law in New York State. I understand that it was sent to the senate floor after being passed in the assembly. From what I'm reading, this bill will become law on November 01, 2007,is that correct? So I ask anyone to please keep me up to date concerning this proposed new bill.

    I believe everybody deserves a second chance, if you committed a non-violent criminal act and paid your debt to society (all fines fines paid in full,community service completed, probation completed) then you deserve to have your police record expunged and to move on to a better life for yourself and for your family.

    Please keep me informed concerning this proposed new bill.

    Thank You.

  9. #9
    Join Date
    Feb 2007
    Posts
    139

    Default Re: Proposed NYS Bill for Expunging Up To Two Felony and Misdemeanor Convictions

    Hello friends, to answer your question this bill (if passed) wouldn’t become law until November 2008.

    On the other side I have some good news and bad news. The good news is that State Senator Frank Padavan wrote back to me stating in response to Senate Bill S.2811/A04958 introduced by his colleague, Senator Volker, “which would allow the Second Chance Commission upon application to order the criminal records sealed to certain individuals that they feel have been rehabilitated and that I may be certain of his full consideration of my support when this matter is brought before the Senate for a vote.”

    The bad news is after doing more research into the matter; it appears that this bill is only good for drug related crimes (even for misdemeanors), which wasn’t stated on the legislation page. It is however on the senate page: http://public.leginfo.state.ny.us/me...NQUERY=SENAGEN – type in A04958 for Bill #, and check the boxes for Status, Text, Summary, and Sponsors Memo to view this information because otherwise you won’t see it. My apologies to anyone who thought they were affected and turned out they won’t be (such as myself) but it honestly was misleading on the other pages.

    This is definitely not great to hear because this will leave out a lot of people. While I’m still going to support it because I think it’s a step in the right direction I bring it to you people in what to do next? Should we wait to see what happens with this bill first before we try to write in to propose a bill about all non-violent/non-sexual crimes or start doing it now? I certainly wouldn’t mind hearing some more ideas on this matter, thanks!

    1 update on this current law is that it was advaced to its 3rd reading on May 29th, so that's good news for anyone convicted of a drug related crime. My argument for why New York might have been reluctant to branch it out to other crimes is because most jobs in this state can't ask 7 years past about criminal convictions. However after speaking with a background check agency, it's 1 of only 9 other states to have a limitation on this matter. What they don't realize is 40 states don't have this and can go back forever, so this is possibly something that can be used for our argument if we bring it forward. My only other request is it doesn't seem like a lot of you are pursuing this actively. Had you been writing in and fighting, better things will happen. If you just lay around and wait, I have a newsflash, nothing's going to change. So please really take this into consideration, it doesn't take up too much time to fight for this worthy cause and finally gain our rights back.

  10. #10
    Join Date
    Jan 2007
    Posts
    10

    Default Re: Proposed NYS Bill for Expunging Up To Two Felony and Misdemeanor Convictions

    Well this royally sucks... I should have been stupid and done drugs instead of trying to fly through JFK with an unloaded firearm... and I'm not even a NY Resident! Sadly enough, I wrote a letter to every NY State Assemblyman & Senator asking they support the bill (I figured it would be worth the $90 in postage if it was passed - guess I was wrong). I was really hoping I could get that nightmare finally off my record!

    Just chalk it up to reason #248 why I hate the State of New York. Looks like I'm still unlucky!

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