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

  
  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.