Senate considering bill to quash violations, traffic infractions
Good thing the state Senate has recently become paralyzed. Otherwise, a ridiculous, pointless, anti-citizen bill like the one proposed by a Bronx Democrat might actually get through.
The bill, Senate Bill 5958, would amend Criminal Procedure Law to allow people to have certain traffic infractions and violations sealed from public view three years after conviction. The rule excludes loitering, loitering for the purposes of prostitution, and driving under the influence. But all other infractions and violations could be permanently sealed if the person convicted of them successfully petitions the court.
This unusually specific exclusion flies in the face of the public’s right to know. Convictions of any kind are and should be public record except in very rare cases in which the person is convicted as a minor or for other rare circumstances. There’s no reasonable rationalization to expunge a person’s record of violations and traffic infractions.
For example, say you’re a trucking company looking to hire a driver. Wouldn’t you want to see if the job candidate had a history of speeding tickets? Wouldn’t it be in the public’s interest for that employer to know if its potential employees have such a history before putting them at the wheel of an 80,000-pound tractor-trailer?
There are also a number of charges classified as non-criminal violations that can be an indicator of a pattern of behavior. An employer offering a postion in which people are at-risk, such as a hospital or daycare center, should know if their potential employees have behaviorial issues that landed them in court at one point.
Courts, DA’s, parole officers and police agencies that are hiring officers would be able to get the information, but the rest of us who might be affected by it would not.
There’s simply no justification for this bill. The only people it protects are people who commit legal infractions. If people don’t want violations and traffic tickets on their records, they can decide not to commit the acts that lead to these charges being brought. Otherwise, the public — including potential employers – has a right to know when an adult is convicted of any charge and has the right to review those records and determine whether the existence of the convictions applies to their particular situation.
The bill, sponsored by Sen. Eric Schneiderman, has no sponsor in the state Assembly. And like we said, it probably won’t get much action in the do-nothing Senate. But it’s worth noting that this type of legislation is out there and to be aware that there are politicians always looking to undermine your right to know.
– Mark Mahoney
It sounds like Schniederman is definately looking out for the rich, and not the average guy. A bill supporting expunging certain driving offenses after a period of time would be more evenly applied.
It kind of makes you wonder about what makes democrats tick, huh? I don’t begrdge them their turn at bat, so to speak, but this is a strange piece of legislation.
Exactly, independent guy. If you read the language of this bill, you have to apply for this exemption and fend off any appeals. That means you probably have to hire a lawyer. Most people won’t hire a lawyer to erase a traffic ticket, so only people with the money and access to good legal counsel would get it. Joe Schmoe would most likely not, which goes right to your point.
Many of your points are valid and I agree the chance of such a bill becoming law may be small, but note that there is some logic behind this. The DMV only counts driver license points against you for 18 months after the violation. Insurance companies are only looking back 3 years in setting your insurance rates. The purpose of the bill is simply in line with these already existing limits–stop punishing a driver for past acts after a certain point. Moreover, I think this potentially gives a driver with a poor driving history a little more incentive to drive safe and keep clean. Instead of a “what’s the point, these old convictions will follow me forever” we might see a little more of “I’ll be more careful and in 3 years my record will be clear again.” As a traffic ticket attorney (www.NYTicketHELP.com) who has interviewed literally thousands of motorists concerned about their record, I can assure you that many people do indeed think that way.
so, in otherwords, Mark. those with money and connections continue to escape the scrutiny of the courts and the public because they have the means to hide it. whereas, the poor folk, who have ineffective legal counsel, have to be haunted the rest of their lives? what you are saying is that people don’t change nor justice is determined by the size of ones wallet?