New York S 6612: Relates to petition for expungement of records for certain marihuana convictions

Bill Text

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S06612 Summary:

BILL NOS06612 

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SAME ASNo Same As

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SPONSORSANDERS

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COSPNSR

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MLTSPNSR

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Add §440.75, CP L

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

Go to top S06612 Actions:

BILL NOS06612 

&nbsp

03/18/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS06612 Committee&nbspVotes:

Go to topS06612 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS06612 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6612

 2025-2026 Regular Sessions

 IN SENATE

 March 18, 2025
 ___________

 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 such person's previous conviction,
 10 satisfactory completion of such person's 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.
 LBD10015-01-5

 S. 6612 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.

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