senate Bill S7913

2013-2014 Legislative Session

Relates to petition for expungement of records for certain marihuana convictions

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2014 referred to rules

S7913 - Bill Details

Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Add ยง440.75, CP L

S7913 - Bill Texts

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Relates to petition for expungement of records for certain marihuana convictions.

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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.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7913

                            I N  S E N A T E

                              June 18, 2014
                               ___________

Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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:

  Section 1. The criminal procedure law  is  amended  by  adding  a  new
section 440.75 to read as follows:
S 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.
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14483-01-4

S. 7913                             2

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.
  S 2. This act shall take effect immediately.

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