Bill Text: NY A11374 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to petition for expungement of records for certain marihuana convictions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-10-19 - referred to codes [A11374 Detail]

Download: New_York-2017-A11374-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          11374
                   IN ASSEMBLY
                                    October 19, 2018
                                       ___________
        Introduced by COMMITTEE ON RULES -- (at request of M. of A. Jean-Pierre)
          -- 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:
     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 criminal possession
     6  of  marihuana  in  the  fifth degree as defined in section 221.10 of the
     7  penal law and who has not been convicted  of  any  prior  or  subsequent
     8  offense in this state, another state, or by the United States may, after
     9  the  expiration  of  a  period  of two years from the date of his or her
    10  previous conviction, satisfactory completion of his  or  her  probation,
    11  parole,  supervised  release  and  paid any fines imposed or restitution
    12  ordered, whichever is later, may present  a  verified  petition  to  the
    13  criminal  term  of  the supreme court in the county of conviction or the
    14  county court in the county of conviction  seeking  an  order  that  such
    15  conviction  and  all  records  and  information  pertaining  thereto  be
    16  expunged.
    17    2. (a) A copy of the petition for expungement together with a copy  of
    18  all supporting documents shall be served upon:
    19    (i) the district attorney serving the county of conviction;
    20    (ii)  the superintendent of the state police and the police department
    21  in the jurisdiction of conviction; and
    22    (iii) the judge or justice who imposed sentence or if not serving  the
    23  administrative  or  supervising  judge  in  the  jurisdiction  where the
    24  conviction was entered.
    25    (b) Within ninety days of the filing of the petition, if there  is  no
    26  objection  from  the  law  enforcement  agencies  notified or from those
    27  offices or agencies required to be served  and  the  petitioner  is  not
    28  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.
                                                                   LBD01407-01-7
        A. 11374                            2
     1  an  order  directing  the  clerk  of the court and all relevant criminal
     2  justice and law enforcement agencies to  expunge  all  records  of  said
     3  disposition  including,  but  not  limited  to  all  evidence of arrest,
     4  detention, conviction, sentence and proceedings related thereto.
     5    3. Every petition for expungement filed pursuant to this section shall
     6  be verified under the penalty of perjury and shall include:
     7    (a) petitioner's date of birth;
     8    (b) petitioner's date of arrest;
     9    (c) the original indictment, superior court information or complaint;
    10    (d)  a  certificate of disposition with the seal of the court from the
    11  court of conviction; and
    12    (e) the name of the judge or justice who imposed the sentence.
    13    4. This section shall apply to convictions which occurred prior to and
    14  which are entered subsequent to the effective date of this section.
    15    § 2. This act shall take effect immediately.