S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4706
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 24, 2017
                                ___________
 
 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:
 
   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.
                                                            LBD01407-01-7
              

 S. 4706                             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.