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A 356

Prohibits the division of criminal justice services from disclosing pending adjournment in contemplation of dismissals on civil records of arrests and prosecutions

2025 Regular Session Introduced by Chris Burdick and 6 co-sponsors

A 356 bans DCJS from disclosing pending ACD in civil arrest/prosecution records, shielding individuals from non-conviction stigma in background checks.

ADVANCED TO THIRD READING CAL.2
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Bill Summary · A 356

Summary of Assembly Bill A 356 (New York)

Overview

  • Bill: A 356
  • Title: Prohibits the division of criminal justice services from disclosing pending adjournment in contemplation of dismissals on civil records of arrests and prosecutions
  • Purpose: To restrict the Division of Criminal Justice Services (DCJS) from disclosing certain non-conviction dispositions—specifically, pending adjournment in contemplation of dismissal (ACD)—on civil records related to arrests and prosecutions.
  • Current status: Advanced to Third Reading CAL.2
  • Introduced: January 8, 2025

What the bill would do (Key provisions)

  • Prohibition on disclosure: The bill would bar DCJS from disclosing information about pending ACD on civil records that cover arrests and prosecutions.
  • Scope of records: Applies to civil records maintained by DCJS that summarize or reflect arrests and prosecutions, and would exclude disclosures of pending ACD status.
  • Focus on non-conviction dispositions: Targets "pending" ACD dispositions rather than final outcomes (e.g., dismissals or convictions), aiming to prevent potentially misleading or stigmatizing disclosures.

Who would be affected

  • State agencies and private entities that rely on DCJS civil records for background checks, employment screening, licensing, housing, or other determinations.
  • Individuals who have pending ACD dispositions in ongoing cases, as their status would be less likely to appear in DCJS civil records.
  • Law enforcement and public agencies that rely on access to DCJS information for case management and reporting purposes.

Legislative and procedural context

  • Legislative actions (timeline):
    • 2025-01-08: Referred to Codes
    • 2025-01-28: Reported
    • 2025-01-30: Advanced to Third Reading CAL.2 (noted twice in the record)
  • Sponsors:
    • Primary sponsor: David Weprin
    • Cosponsors: Jo Anne Simon, Andrew Hevesi, Demond Meeks, Chris Burdick, Rebecca Seawright, Harvey Epstein
  • Related bills:
    • A 7998 (prior-session)
    • A 45 (prior-session)
    • S 1055 (companion in the Senate)

Potential impact and considerations

  • Privacy and fairness: By limiting disclosures of pending ACD, the bill may reduce stigma and barriers associated with non-conviction dispositions during background checks.
  • Employment and housing: Could improve opportunities for individuals with pending ACD by removing or reducing exposure of that status in civil records.
  • Implementation considerations: Agencies and background-check providers would need to adjust their data reporting and retrieval practices to exclude pending ACD information from civil-record disclosures.
  • Policy alignment: This bill complements broader privacy and reform efforts around non-conviction information in official records.

Next steps

  • If advanced to and approved on third reading, the bill would proceed to the Senate for consideration (or further Assembly actions as applicable), with potential for amendments or negotiation with stakeholders.

Note: This summary reflects the bill’s stated language and the publicly recorded actions up to the current status.

Compiled from official sources — confirm details with the bill’s official record.

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