NY- Most Low-level Marijuana Convictions to be Removed

Discussion in 'Marijuana Legalization' started by Storm Crow, Sep 24, 2022.

  1. A bit more good news from New York.

    Local district attorneys prepare to have most low-level marijuana convictions removed from New Yorker's records
    Local district attorneys prepare to have most low-level marijuana convictions removed from New Yorker's records

    For Erie County District Attorney John Flynn, it was one of the least known and least explained provisions of New York's marijuana legalization effort.

    "It was one of those things that was buried in the marijuana legislation," Flynn said. "You know dispensaries and all that was the talk of the town, but individuals who had certain charges (for marijuana possession) in the past, would be able to have them expunged."

    Expungement means that a person's arrest, their court case and their conviction are treated as if they never happened. Charges that are expunged will not appear or show up on a criminal history background check, they cannot be used against an individual when applying for housing, student loans or a job and they won't be found by law enforcement unless a person is applying for a gun license or a job in law enforcement.

    If a job or school application asks if a person has been convicted of a crime, or arrested, that person can truthfully answer, no.

    "It's extremely positive and helpful to individuals," Flynn said.

    Under the 2021 law, most individuals with misdemeanor-level marijuana convictions will see those crimes removed from their records automatically. Misdemeanor convictions general involve the possession of 16 ounces of pot or the sale of up to 25 grams of marijuana. (snipped)

    Granny :wave:
     
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  2. I live in NY state. And although they may be expunged. They are not completely removed. When I was last arrested I found this out. A previous charge was also to be expunged from my record as I had never Mirandized. Guess what, a key word/words are still left on file so the arresting officers question you about it. And at arraignment the judge also asked about it. Our records are NEVER truly removed or erased here in NY state.
     
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