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History
- Referred to rules
Full text
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Sponsor's memo
BILL NUMBER:S7913
Title of bill
An act to amend the criminal procedure law, in relation to petition for expungement of records for certain marihuana convictions
Purpose
Allows certain persons previously convicted of criminal possession of marijuana in the fifth degree to have their convictions expunged.
Summary of provisions
Section 1. The criminal procedure law is amended by adding a new section 440.75.
New section 440.75 provides that:
Any person who has been convicted of criminal possession of marijuana in the fifth degree, and has not been convicted of any prior or subsequent offense in this state, in any another state, or by the United States may, after the expiration of a period of two years from the date of his or her conviction, satisfactory completion of his or her probation, parole, completion of supervised release and the payment any fines imposed or restitution ordered may petition the court to expunge the conviction.
Within ninety (90) days of the date the petition is filed, if there is no objection from law enforcement and no there has been no addition convictions, the court may direct the clerk of the court and all law enforcement agencies to expunge all records of the arrest, detention, conviction and sentence.
Section 2. This act shall take effect immediately.
Justification
The minor offense of personal possession of marihuana can have the effect of destroying a person's life. A minor possession arrest can hurt a person trying to be admitted to school, apply for a job, join the military or obtain certain government services. This bill will allow a person with a single possession arrest to have that conviction expunged after two years so long as the person stays out of trouble during that time. This will ensure that one minor act will not destroy a person's life for decades.
Legislative history
New Bill.
Fiscal implications
None to State.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.