CPL 160 Volume 2

Question 1

160.55 Order upon termination of criminal action by conviction for noncriminal offense; entry of waiver; administrative findings

1(BARD) If a person is convicted of a _____________________________, other than operating a motor vehicle while ability impaired,, the clerk of the court must notify the commissioner of the division of criminal justice services and the heads of all appropriate police departments and other law enforcement agencies that the action has been terminated by such conviction, unless the district attorney demonstrates by motion or the court determines on its own motion, with _____________ notice to the party and their attorney, that the interests of justice require otherwise.

Answer 1

traffic infraction or violation for loitering five days’

Question 2

160.55 Order upon termination of criminal action by conviction for noncriminal offense; entry of waiver; administrative findings

Upon notification of the termination of a criminal action or proceeding:

• (a) any fingerprints, photographs taken and reports made are either returned to the accused or destroyed.
• (b) police, agencies, and DCJS must notify anyone to which they sent reports to return or destroy them.
• (c) generally, all official records shall be sealed.
• (d) access to sealed records shall be as per CPL 160.50 (d) and also make available to a police agency, probation department, sheriff’s office, DA, department of correction of any municipality and parole department, upon arrest and conviction for harassment in second degree (PL 240.26), and against a member of the same family or household of defendant (CPL 530.11).

Answer 2

xx

Question 3

160.55 Order upon termination of criminal action by conviction for noncriminal offense; entry of waiver; administrative findings

2. A report of the termination of action by conviction for a non-criminal offense shall be sufficient _______________ to the commissioner of the DCJS. If court orders otherwise, clerk shall include notification of this determination in report to the DCJS.

Answer 3

notice of sealing

Question 4

160.55 Order upon termination of criminal action by conviction for noncriminal offense; entry of waiver; administrative findings

3. Person convicted of traffic infraction (other than loitering - CPL 160.10-5) may apply to court (with ___________ notice to DA) for order sealing records.

Answer 4

20-day

Question 5

160.55 Order upon termination of criminal action by conviction for noncriminal offense; entry of waiver; administrative findings

When a criminal action or proceeding is terminated against a person by the entry of a waiver of a hearing to determine the facts following a chemical test which shows a violation of Driving while impaired by a person under 21, when they were not charged for such a violation, or section forty-nine-b of the navigation law (Operating a vessel after having consumed alcohol; under the age of twenty-one), the record of the criminal action shall be sealed in accordance with this subdivision.

Answer 5

xx

Question 6

160.55 Order upon termination of criminal action by conviction for noncriminal offense; entry of waiver; administrative findings

• Upon the entry of such waiver of a hearing to determine the facts following a chemical test, the court or the clerk of the court shall immediately notify the commissioner of DCJS and appropriate police departments and Law enforcement agencies that a waiver has been entered and that the record of the action shall be sealed when the person reaches the age of__________ or ____________ from the date of commission of the offense, whichever is the greater period of time.
• At the expiration of such period, the commissioner DCJS and appropriate police departments and law enforcement agencies shall take the actions in notification to agencies and destruction/return of records pursuant to this section and those of 160.50 .

Answer 6

twenty-one…… three years

Question 7

160.55 Order upon termination of criminal action by conviction for noncriminal offense; entry of waiver; administrative findings

Where a person under the age of twenty-one is referred by the police to the department of motor vehicles for action pursuant to 1192-a. Operating a motor vehicle after having consumed alcohol; under the age of twenty-one or 1194-a. Driving after having consumed alcohol; under twenty-one, or Operating a vessel after having consumed alcohol and a finding in favor of the motorist or operator is rendered, the commissioner of the department of motor vehicles shall, as soon as practicable, but not later than__________ years from the date of commission of the offense or when such person reaches the age of__________ , whichever is the greater period of time, notify the commissioner of the DCJS and police departments and law enforcement agencies that such finding in favor of the motorist or operator was rendered.

• Upon receipt of such notification, the commissioner of the division of criminal justice services and the heads of such police departments and other law enforcement agencies shall take the actions in notification to agencies and destruction/return of records pursuant to this section and the actions required by paragraphs (a) (b) and (c) of subdivision one of section 160.50 of this article.
• If no notification is received by DCJS and the appropriate police departments and other law enforcement agencies, DCJS and such police departments and other law enforcement agencies shall, after ______________ from the date of commission of the offense or when the person reaches the age of ___________ , whichever is the greater period of time, take the action in notification to agencies and destruction/return of records pursuant to this section and those of 160.50

Answer 7

three years …… twenty-one

Question 8

§ 160.58 Conditional sealing of certain controlled substance, marihuana or specified offense convictions.

Person convicted (PL 220 or 221) or specified offense who has completed judicial ____________________ or other program and completed sentence imposed is eligible to have file sealed pursuant to this section

Answer 8

diversion program

Question 9

§ 160.58 Conditional sealing of certain controlled substance, marihuana or specified offense convictions.

Motion to seal records may be made on court’s own motion or on motion of defendant. Court may also conditionally seal no more than __________ of defendant’s prior eligible misdemeanors, and other specified files.

Answer 9

3

Question 10

§ 160.58 Conditional sealing of certain controlled substance, marihuana or specified offense convictions.

Clerk of court shall notify DCJS and any court that sentenced defendant for any offense ____________ sealed.

Answer 10

conditionally

Question 11

§ 160.58 Conditional sealing of certain controlled substance, marihuana or specified offense convictions.

If defendant is thereafter arrested for any ____________ or _____________ , records shall be immediately unsealed and remain unsealed unless prosecution is terminated in favor of defendant in which case the records shall again be conditionally sealed.

Answer 11

misdemeanor or felony

Question 12

§ 160.58 Conditional sealing of certain controlled substance, marihuana or specified offense convictions.

The court shall not seal the defendant’s record pursuant to this section while any charged offense ___________

Answer 12

is pending

Question 13

160.59 Sealing of certain convictions

“Eligible offense” shall mean any crime defined in the laws of this state other than:

• a ________ OFFENSE defined in PL130,
• an offense of ______________ BY A CHILD,
• a felony offense of __________, _______________ AND RELATED OFFENSES,
• a __________ FELONY OFFENSE in PL70.02,
• a ____________ FELONY OFFENSE defined in the penal law,
• a felony offense defined of __________ where the underlying offense is not an eligible offense,
• an attempt to commit an offense that is not an eligible offense if the attempt is a ________, or
• an offense for which REGISTRATION AS A _______________ is required

Answer 13

SEX …….. SEXUAL PERFORMANCE………. HOMICIDE, ABORTION……… CLASS A……… CONSPIRACY……. FELONY………… SEX OFFENDER

Question 14

160.59 Sealing of certain convictions

_______ineligible offenses committed together shall be considered one ineligible offense.

Answer 14

Two

Question 15

160.59 Sealing of certain convictions

Form to apply for sealing of record shall be provided by the _____________and may be used to apply for sealing of records.

Answer 15

CHIEF administrator of the courts

Question 16

160.59 Sealing of certain convictions

Application may be made by defendant convicted of up to ________ eligible offenses but not more than ________ is a felony in:

• Court of ______________ conviction, OR
• Court where _____________ (if offenses are of same classification)

Answer 16

2…… one …… most serious………… last convicted

Question 17

160.59 Sealing of certain convictions

Application shall contain:

• 1. copies of certificates of conviction (or reason why not available)
• 2. sworn statement by defendant as to whether he intends to file other requests to seal
• 3. copy of other requests to seal
• 4. sworn statement as to convictions requested to be sealed
• 5. reasons why court should grant request to seal.

Answer 17

xx

Question 18

160.59 Sealing of certain convictions

Copy of request to seal shall be served on each DA in county of conviction(s). DA has _____________ to object to the sealing of the records. Generally, application shall be assigned to the sentencing judge.

Answer 18

45 days

Question 19

160.59 Sealing of certain convictions

Judge shall summarily deny application if:

• 1. defendant is required to register as a sex offender
• 2. defendant has already obtained sealing of the maximum number of convictions
• 3. time period for sealing has not yet been satisfied
• 4. defendant has an undisposed charge pending
• 5. defendant was convicted of a crime after conviction for which sealing is sought
• 6. defendant has not provided reasons why relief should be granted
• 7. defendant has been convicted of ________ felonies, or more than ___________ crimes

Answer 19

Two……. two

Question 20

160.59 Sealing of certain convictions

A defendant may obtain sealing of ________ eligible felony offense, but not more than _________ eligible offenses.

Answer 20

One……… two

Question 21

160.59 Sealing of certain convictions

Period of incarceration is excluded in computing ____________ eligibility period.

Answer 21

ten-year

Question 22

160.59 Sealing of certain convictions

No __________ is required if DA does not oppose application

Answer 22

appearance

Question 23

160.59 Sealing of certain convictions

• If sealing request is granted, papers shall be sealed, and clerk shall inform DCJS.
• However, DCJS shall retain fingerprints, palmprints, photographs and digital images of same.

Answer 23

xx

Question 24

160.59 Sealing of certain convictions

Papers sealed under this section SHALL be made available to:

• 1. defendant or defendant’s agent
• 2. qualified agencies and state and federal law enforcement agencies (acting pursuant to law enforcement duties)
• 3. state or local agency which issues gun permits, if person has made an application for a permit
• 4. prospective employer of a police or peace officer in relation to employment application
• 5. FBI upon request by person to purchase a firearm

Answer 24

xx

Question 25

160.59 Sealing of certain convictions

• Even if records are sealed, conviction remains for purpose of criminal proceeding where prior conviction __________ penalty of the offense charged.

Answer 25

enhances

Question 26

160.59 Sealing of certain convictions

• Defendants in criminal cases are not required to ________ their right to seek sealing of records.

Answer 26

waive

Question 27

160.60-Effect of termination of criminal actions in favor of the accused

• In any action terminated in favor of the accused the arrest and prosecution shall be deemed a ________ and the accused shall be restored to the status he occupied before and the arrest and prosecution cannot act as a disqualification to pursue or engage in any lawful activity, occupation, profession, etc.
• No such person shall be required to _________ information pertaining to his or her arrest or prosecution.

Answer 27

divulge