Bill Text: NY S02883 | 2019-2020 | 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) 2020-01-08 - REFERRED TO CODES [S02883 Detail]

Download: New_York-2019-S02883-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2883
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 30, 2019
                                       ___________
        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 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.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09060-01-9
        S. 2883                             2
     1    (b)  Within  ninety days of the filing of the petition, if there is no
     2  objection from the law  enforcement  agencies  notified  or  from  those
     3  offices  or  agencies  required  to  be served and the petitioner is not
     4  disqualified from obtaining an order of expungement, the court may grant
     5  an  order  directing  the  clerk  of the court and all relevant criminal
     6  justice and law enforcement agencies to  expunge  all  records  of  said
     7  disposition  including,  but  not  limited  to  all  evidence of arrest,
     8  detention, conviction, sentence and proceedings related thereto.
     9    3. Every petition for expungement filed pursuant to this section shall
    10  be verified under the penalty of perjury and shall include:
    11    (a) petitioner's date of birth;
    12    (b) petitioner's date of arrest;
    13    (c) the original indictment, superior court information or complaint;
    14    (d) a certificate of disposition with the seal of the court  from  the
    15  court of conviction; and
    16    (e) the name of the judge or justice who imposed the sentence.
    17    4. This section shall apply to convictions which occurred prior to and
    18  which are entered subsequent to the effective date of this section.
    19    § 2. This act shall take effect immediately.