What's happening
This bill allows individuals convicted of fifth-degree marijuana possession in New York, with no other offenses, to petition for expungement of their records.
Why it matters
Creates a clear path for individuals with only a fifth-degree marijuana possession conviction to fully clear their criminal record, which could open up job, housing, and educational opportunities that are often denied to those with convictions.
Requires petitioners to wait at least two years after conviction, and also mandates completion of all probation, parole, fines, or restitution before applying—emphasizing rehabilitation and personal responsibility.
Involves law enforcement and prosecutors in the review process, allowing them to raise objections within 90 days, which balances individual relief with public safety and administrative oversight.
Applies retroactively and prospectively, meaning people convicted in the past as well as those convicted in the future can benefit, potentially impacting a significant number of New Yorkers burdened by older, low-level marijuana convictions.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Erase Old Marijuana Convictions
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- 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 Conviction Records
In Senate Committee · Codes · Sponsor James Sanders Jr.
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5111
2019-2020 Regular Sessions
IN ASSEMBLY
February 7, 2019
Introduced by M. of A. JEAN-PIERRE -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to petition for expungement of records for certain marihuana convictions
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The criminal procedure law is amended by adding a new section 440.75 to read as follows: § 440.75 Petition for expungement of records for certain marihuana
convictions.
1. Any person who has been previously convicted of criminal possession of marihuana in the fifth degree as defined in section 221.10 of the penal law and who has not been convicted of any prior or subsequent offense in this state, another state, or by the United States may, after the expiration of a period of two years from the date of his or her previous conviction, satisfactory completion of his or her probation, parole, supervised release and paid any fines imposed or restitution ordered, whichever is later, may present a verified petition to the criminal term of the supreme court in the county of conviction or the county court in the county of conviction seeking an order that such conviction and all records and information pertaining thereto be expunged.
2. (a) A copy of the petition for expungement together with a copy of all supporting documents shall be served upon:
(i) the district attorney serving the county of conviction;
(ii) the superintendent of the state police and the police department in the jurisdiction of conviction; and
(iii) the judge or justice who imposed sentence or if not serving the administrative or supervising judge in the jurisdiction where the conviction was entered.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09060-01-9
A. 5111 2
(b) Within ninety days of the filing of the petition, if there is no objection from the law enforcement agencies notified or from those offices or agencies required to be served and the petitioner is not disqualified from obtaining an order of expungement, the court may grant an order directing the clerk of the court and all relevant criminal justice and law enforcement agencies to expunge all records of said disposition including, but not limited to all evidence of arrest, detention, conviction, sentence and proceedings related thereto.
3. Every petition for expungement filed pursuant to this section shall be verified under the penalty of perjury and shall include:
(a) petitioner's date of birth;
(b) petitioner's date of arrest;
(c) the original indictment, superior court information or complaint;
(d) a certificate of disposition with the seal of the court from the court of conviction; and
(e) the name of the judge or justice who imposed the sentence.
4. This section shall apply to convictions which occurred prior to and which are entered subsequent to the effective date of this section.
§ 2. This act shall take effect immediately.
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.