S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1779
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced by M. of A. JEAN-PIERRE, WALLACE -- 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  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 UNLAWFUL POSSESSION
 OF  MARIHUANA  IN  THE  FIRST 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.
                                                            LBD04842-01-1
              

 A. 1779                             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.