What's happening
This bill expands eligibility for vacating and expunging marijuana conviction records to include misdemeanors, not just violations.
Why it matters
Broader Relief for Past Offenses. By including misdemeanors along with violations, more people with past marijuana-related convictions will be eligible to have their records cleared, potentially reducing barriers to employment, housing, and education for a wider group.
Faster Implementation. The bill requires that eligible marijuana convictions be expunged “promptly and in any event no later than one year” after the law takes effect, meaning that individuals should see the benefits of a clean record within a predictable and relatively short time frame.
Addressing Inequities of Past Enforcement. Expanding expungement to misdemeanors acknowledges the disproportionate impact marijuana enforcement has historically had on certain communities, and aims to mitigate long-term negative consequences from convictions that are no longer considered serious offenses under current law.
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Who cares
Headline styles
Erase Marijuana Misdemeanor Records
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Substituted by S8666
- Ordered to third reading rules cal.353
- Rules report cal.353
- Reported
- Reported referred to rules
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Clear Marijuana Misdemeanor Records
Assembly Floor Calendar · Sponsor Brian Benjamin
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
10339
IN ASSEMBLY
April 29, 2020
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to vacating certain records for misdemeanor marihuana convictions
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph (i) of paragraph (k) of subdivision 3 of section 160.50 of the criminal procedure law, as amended by chapter 132 of the laws of 2019, is amended to read as follows:
(i) The conviction was for a violation of article two hundred twenty or section 240.36 of the penal law prior to the effective date of article two hundred twenty-one of the penal law, and the sole controlled substance involved was marihuana and the conviction was only for a [violation or violations] misdemeanor and/or violation; or
§ 2. This act shall take effect immediately, provided, however, that the expungement of marihuana convictions under section 160.50 of the criminal procedure law, added by the amendment in section one of this act, shall occur promptly and in any event no later than one year after the effective date of this act.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15123-04-0
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.