"A government big enough to give you everything you want, is big enough to take away everything you have"
Thomas Jefferson

Thursday, June 4, 2009

NYS Democrats At Your Service (updated)

NY state reformed the Rockefeller drug laws this year and part of that reform will make you mad as hell. Here is a list of felony crimes that can be sealed by a court in connection with a drug crime. How do like - operating a meth lab, using a child as a drug mule or selling drugs on school grounds. Additionally, defendants can ask to have up to three, unrelated prior misdemeanor convictions sealed.

When these convicted drug felons decide they want to be productive in life and work in places like a child care facility, a school, nursing home or some other place that is responsible for taking care of a loved one, their criminal records are sealed and any of these crimes will not be disclosed during a background check. 


Crimes That Will be Hidden From Prospective Employers

Crimes listed in 410.91 of the Criminal procedure law subject to be sealed:
1. Burglary in the 3rd degree
2. Criminal mischief in the 3rd degree
3. Criminal mischief in the 2nd degree
4. Grand larceny in the 4th degree
5. Grand larceny in the 3rd degree
6. Unauthorized use of a vehicle in the 2nd degree
7. Criminal possession of stolen property in the 4th degree
8. Criminal possession of stolen property in the 3rd degree
9. Forgery in the 2nd degree
10. Criminal possession of a forged instrument in the 2nd degree
11. Unlawfully using slugs in the 1st degree
12. An attempt to commit any of the foregoing crimes if the attempt constitutes a felony
13. Criminal possession of a controlled substance in the 5th, 4th and 3rd degrees
14. Use of a child to commit a controlled substance offense
15. Criminal sale of a controlled substance in the 5th, 4th, and 3rd degrees
16 criminal sale of a controlled substance in or near school grounds
17. Criminal injection of a narcotic drug
18. Criminally using drug paraphernalia
19. Criminal possession of precursors of controlled substances
20. Criminal sale of a prescription for a controlled substance.
21. Criminal possession of methamphetamine manufacturing material
22. Criminal possession of precursors of methamphetamine
23. Unlawful manufacture of methamphetamine
24. Unlawful disposal of methamphetamine laboratory material
25. Criminal possession of marijuana
26. Criminal sale of marijuana

(Updated portion)

S  3.  The  criminal  procedure law is amended by adding a new section 160.58 to read as follows:
160.58 CONDITIONAL SEALING OF CERTAIN CONTROLLED SUBSTANCE,  MARIHUANA OR SPECIFIED OFFENSE CONVICTIONS.
1. A DEFENDANT CONVICTED OF ANY OFFENSE DEFINED IN ARTICLE TWO HUNDRED TWENTY OR TWO HUNDRED TWENTY-ONE OF THE PENAL LAW OR A SPECIFIED OFFENSE DEFINED  IN  SUBDIVISION  FIVE OF SECTION 410.91 OF THIS CHAPTER WHO HAS SUCCESSFULLY COMPLETED A JUDICIAL DIVERSION PROGRAM  UNDER  ARTICLE  TWO HUNDRED SIXTEEN OF THIS CHAPTER, OR ONE OF THE PROGRAMS HERETOFORE KNOWN
AS DRUG TREATMENT ALTERNATIVE TO PRISON OR ANOTHER JUDICIALLY SANCTIONED DRUG  TREATMENT  PROGRAM  OF SIMILAR DURATION, REQUIREMENTS AND LEVEL OF
SUPERVISION, AND HAS COMPLETED THE SENTENCE IMPOSED FOR THE OFFENSE  OR
OFFENSES,  IS  ELIGIBLE TO HAVE SUCH OFFENSE OR OFFENSES SEALED PURSUANT TO THIS SECTION.

18 comments:

Anonymous said...

What to hell are the Einsteins in Albany thinking? Or maybe I should say what are they smoking in their crack pipes? I guess if they repeal the Rockefeller drug laws they will be criticized for being soft on crime - so they just hide the crime. Not much different - except they can't be held to criticism for taking a stand.

What a bunch of gutless AH.

UC Whyley said...

And Gov. Paterson says it was all intentional -- and Darrel knew about it when he voted.

Anonymous said...

Actually, they are making decisions that are in the best interests of those they represent. They don't represent you.

Quit acting surprised.

Anonymous said...

I've checked the CPL 410.91 and it has to do with parole. No mention of sealing records. In fact aside from a Youthful Offender adjudication, there is no way a criminal conviction can be sealed in NYS. You can't erase a criminal history. I'd like to see where you got your information.

Anonymous said...

Again just like last time you discussed this topic you failed to mention that the judges have final say in whether or not records will be sealed. Obviously if a judge sees the persons crime would not see them fit to have their records sealed he will not do it. Lets have some faith in our judges, we elect them too. One more case of IV failing to abide by his golden rule "people before politics."

Dan Francis said...

I'm not a lawyer, but my gut instinct tells me that the only files of "criminals" that should be sealed/or remained sealed for any period of time would be those for underage offenders ... not those listed in this bill.

But, hey, I'm just a concerned citizen like you - what can we do? Keep the incumbents in office, natch.

Cynical? Probably a bit - aren't you (yet)?

Anonymous said...

Thank you

Anonymous said...

These people need to given a second chance and their past shouldn't be held against them.

Thank goodness that we are finally moving forward by correcting some of these social injustices.

Dan Francis said...

Here's the turmoil that I see from the bill and what the Gov said about it:

Paterson said that the idea was to allow people fighting drug addictions to get back into the work force in places where a drug offense would be a hindrance.

Paterson pointed out that no violent offenders are eligible to have their records sealed.

Republicans object to the provision because it would permit drug offenders to get jobs they previously wouldn't have been able to get because of background checks, like in schools.

Paterson said that there are already treatment programs where drug offenders have their records sealed upon successful graduation.

On the surface it stinks until the layers are peeled away to see what is causing the stink and in this case, I believe it may be just pure old-fashioned political horse sh*t, IMHO.

Concerns yes, but with a foundation that makes sense.

Anonymous said...

Second chance? Hell, yeah! And a third and a fourth! Think how much tax dollars we'll save if we never bother arresting or convicting any of these people.

No need for jails, police or judges.

And if we get all those new gun laws that Albany wants on the books, we won't have to worry about violent crime, either, because we'll get the guns out of the hands of all those legal gun owners who are just salivating to become armed criminals.

Anonymous said...

What about the 19 year old college student who buys cocaine and sells 1/2 of it to his roommate. He is a convicted drug seller and possessor. He is now 40, never had any problems since his arrest, father of three, pays taxes, participates in his children's activities but he can't coach his son's little league team.

Should an elected Judge, after hearing from the defendant and the elected DA have the right to seal his record?

Anonymous said...

Drug use shouldn't be a crime. Selling illegal drugs should be a capital crime.

Anonymous said...

Thank you for publishing this information. As a Democrat and a prosecutor I am appalled by the recent legislation favoring criminals, and what you have covered is the tip of the iceberg- a larger agenda is looming. Democrats and Addie Russell are nuts and out of touch with the values of our community.

Anonymous said...

That's great stuff, 5:37, but that is not the way it works. If you had a son who was convicted of a crime like that, with no prior record, it would be plea bargained down to almost nothing. He wouldn't have a felony record following him through life. The problem is not these sweet little cherry picked scenerios of yours. The problem is people who have multiple convictions, as most have.

Anonymous said...

8:10 is right. Proponents of lax drug law enforcement (aka, legalization) always use these imaginary anecdotes to "prove" their point.

The reality is that, without exception, the people sent to prison are hardcore dealers with many arrests (almost always pleaded down to the misdemeanors that Addie and Darrel want erased too), then let out prior to completing their full sentence and thrown back into the arrest-release-arrest merry-go-round.

All the pollyanas who want to believe these are lambs simply led temporarily astray have forgotten the horror of the 1960's and 70s, when city streets were arses to elbows with these skells, and the 80s to today when rampant drug dealing became a crisis in our suburbs and rural communities.

Anyone say meth?

(And I'm a former drug crime prosecutor, who knows from whence I am speaking.)

Anonymous said...

8:10, glad you mentioned plea bargaining. That is a regular practice of DAs. And it demonstrates why the new legislation bypasses them in terms of review, allowing the judge to make the decision.

Essentially, the reform legislation de-politicizes a very important decision on an individual. It is good legislation and frankly catches NY up with the rest of the country.

Anonymous said...

The 40 year old hasn't had any problems since his arrest.

Translation: He hasn't been caught since his arrest.

Anonymous said...

Well, some 40 year olds don't have problems after they get a conviction in their teens or early 20's. Buy they certainly aren't the norm. The problem is how do we not ruin a person's life who actually does turn things around but do what needs to be done with the fools who clog our courts and threaten our kids by committing crimes again and again. That balance is the tough part. I certainly don't know the answer.

Live Blogging