Bill Text: NY S04722 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to petition for expungement of records for certain marihuana convictions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S04722 Detail]

Download: New_York-2023-S04722-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4722

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 14, 2023
                                       ___________

        Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
          printed to be committed 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 Assem-
        bly, do enact as follows:

     1    Section 1. The criminal procedure law  is  amended  by  adding  a  new
     2  section 440.75 to read as follows:
     3  § 440.75 Petition  for  expungement  of  records  for  certain marihuana
     4             convictions.
     5    1. Any person who has been previously convicted of unlawful possession
     6  of cannabis as defined in section 222.25 of the penal law  and  who  has
     7  not  been  convicted  of  any prior or subsequent offense in this state,
     8  another state, or by the United States may, after the  expiration  of  a
     9  period  of  two  years  from the date of his or her previous conviction,
    10  satisfactory completion of his  or  her  probation,  parole,  supervised
    11  release  and paid any fines imposed or restitution ordered, whichever is
    12  later, may present a verified petition  to  the  criminal  term  of  the
    13  supreme  court  in  the  county of conviction or the county court in the
    14  county of conviction seeking an  order  that  such  conviction  and  all
    15  records and information pertaining thereto be expunged.
    16    2.  (a) A copy of the petition for expungement together with a copy of
    17  all supporting documents shall be served upon:
    18    (i) the district attorney serving the county of conviction;
    19    (ii) the superintendent of the state police and the police  department
    20  in the jurisdiction of conviction; and
    21    (iii)  the judge or justice who imposed sentence or if not serving the
    22  administrative or  supervising  judge  in  the  jurisdiction  where  the
    23  conviction was entered.
    24    (b)  Within  ninety days of the filing of the petition, if there is no
    25  objection from the law  enforcement  agencies  notified  or  from  those

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09562-01-3
        S. 4722                             2

     1  offices  or  agencies  required  to  be served and the petitioner is not
     2  disqualified from obtaining an order of expungement, the court may grant
     3  an order directing the clerk of the  court  and  all  relevant  criminal
     4  justice  and  law  enforcement  agencies  to expunge all records of said
     5  disposition including, but  not  limited  to  all  evidence  of  arrest,
     6  detention, conviction, sentence and proceedings related thereto.
     7    3. Every petition for expungement filed pursuant to this section shall
     8  be verified under the penalty of perjury and shall include:
     9    (a) petitioner's date of birth;
    10    (b) petitioner's date of arrest;
    11    (c) the original indictment, superior court information or complaint;
    12    (d)  a  certificate of disposition with the seal of the court from the
    13  court of conviction; and
    14    (e) the name of the judge or justice who imposed the sentence.
    15    4. This section shall apply to convictions which occurred prior to and
    16  which are entered subsequent to the effective date of this section.
    17    § 2. This act shall take effect immediately.