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.
