Bill S7913-2013

Relates to petition for expungement of records for certain marihuana convictions

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

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  • Jun 18, 2014: REFERRED TO RULES

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BILL NUMBER:S7913

TITLE OF BILL: An act to amend the criminal procedure law, in relation to petition for expungement of records for certain marihuana convictions

PURPOSE: Allows certain persons previously convicted of criminal possession of marijuana in the fifth degree to have their convictions expunged.

SUMMARY OF PROVISIONS:

Section 1. The criminal procedure law is amended by adding a new section 440.75.

New section 440.75 provides that:

Any person who has been convicted of criminal possession of marijuana in the fifth degree, and has not been convicted of any prior or subsequent offense in this state, in any another state, or by the United States may, after the expiration of a period of two years from the date of his or her conviction, satisfactory completion of his or her probation, parole, completion of supervised release and the payment any fines imposed or restitution ordered may petition the court to expunge the conviction.

Within ninety (90) days of the date the petition is filed, if there is no objection from law enforcement and no there has been no addition convictions, the court may direct the clerk of the court and all law enforcement agencies to expunge all records of the arrest, detention, conviction and sentence.

Section 2. This act shall take effect immediately.

JUSTIFICATION: The minor offense of personal possession of marihuana can have the effect of destroying a person's life. A minor possession arrest can hurt a person trying to be admitted to school, apply for a job, join the military or obtain certain government services. This bill will allow a person with a single possession arrest to have that conviction expunged after two years so long as the person stays out of trouble during that time. This will ensure that one minor act will not destroy a person's life for decades.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None to State.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7913 IN SENATE June 18, 2014 ___________
Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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: S 440.75 PETITION FOR EXPUNGEMENT OF RECORDS FOR CERTAIN MARIHUANA CONVICTIONS. 1. ANY PERSON WHO HAS BEEN PREVIOUSLY CONVICTED OF CRIMINAL POSSESSION OF MARIHUANA IN THE FIFTH 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. (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. S 2. This act shall take effect immediately.

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