New York: Adult Convictions (NY-C-4)

Records relating to convictions for marijuana possession under sections 221.05 and 221.10 are vacated and expunged immediately. N.Y. Crim. Proc. Law § 160.50(5).

Record Detail(s)

Drug offenses

Decriminalized

Conviction vacated or reversed

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Automatic

Remedy

Vacate

Ineligible Category or Citation

This policy applies only to convictions under Penal Law sections 221.05 and 221.10.

Procedure General

The procedure is automatic. For the specific procedure, see N.Y. Crim. Proc. Law § 160.50.

Fees

There are no fees.

Effect

The conviction is deemed a nullity, and the person is restored to pre-arrest status. Records are marked as expunged and not released to anyone. Upon written request, the records can be destroyed. The person is not required to provide information related to the case, unless specifically required by statute or superior court order. N.Y. Crim. Proc. Law § § 1.20(45), 160.50(5)(b).

Waiting Periods

There is no waiting period.

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