S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4722
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   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 CANNABIS AS DEFINED IN SECTION 222.25 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09562-01-3
              

 S. 4722                             2
 
 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.