New York
Attorney General
Letitia James
Office of the New York State
Attorney General
Letitia James
Marijuana
Legalization
and Record
Expungement
For too long, the old and misguided
outlawing of marijuana has unfairly
punished people of color. But laws have
changed recently, making recreational
marijuana legal and clearing many
people’s records of marijuana
convictions. These changes promise
fairer treatment. Records of marijuana
convictions will no longer block people’s
access to higher education, public
housing, or good jobs.
To help you understand how the new law
may affect you, this brochure explains
which marijuana- and cannabis-related
convictions can be cleared (“expunged”)
and when records will be removed from
criminal background checks. We have
also listed organizations and agencies
that can help you review and get copies
of your records.
Sincerely,
Dear New Yorkers,
If you believe someone has discriminated against
you or denied you a job or housing because
of a criminal marijuana conviction, contact:
Office of the New York State
Attorney General Civil Rights Bureau
28 Liberty Street, New York, NY 10005
(212) 416-8250
ag.ny.gov/bureau/civil-rights
For general information on the new law, contact:
New York State Unified Court System
25 Beaver Street, New York, NY 10004
(800) 268-7869
question@nycourts.gov
nycourts.gov/courthelp/Criminal/
marihuanaExpunge.shtml
To find out if your conviction is eligible for sealing,
contact:
The Case Closed Project at The Legal
Aid Society
(212) 298-3120
legalaidnyc.org/programs-projects-units/
case-closed-project
To learn how clearing your record may affect
your immigration case, contact:
Immigrant Defense Project Hotline
(212) 725-6422
To request a copy of your RAP sheet, visit or contact:
Division of Criminal Justice Services
(518) 457-9847 or (518) 485-7675
[email protected]y.gov
criminaljustice.ny.gov/ojis/recordreview.htm
Resources
Know Your Rights
Understanding New York’s
Marijuana Regulation &
Taxation Act
• The 2021 Marijuana Regulation & Taxation
Act (MRTA) gives New York courts two years
to clear (expunge) records of certain
convictions, including:
» possession of up to 16 ounces of marijuana
» sale of up to 25 grams of marijuana
» possession of up to 1 ounce of concentrated
cannabis (hashish).
• This process happens automatically. You do
not have to do or pay anything.
• You may be able to clear your record of other
marijuana or cannabis convictions.
How does expungement work?
• Your conviction will be dismissed in your favor,
and your record will be treated as if you were
never convicted or arrested for this offense.
• The Office of Court Administration and the
Division of Criminal Justice Services (DCJS)
will mark your eligible records as expunged.
• Expunged charges:
» will not show up on a criminal-history
background check
» cannot be used against you when you
apply for a license, housing, a student loan,
or a job
» do not have to be reported on a school
or job application
» will still be visible when you apply for a gun
license or for certain jobs, such as in law
enforcement or the federal government.
What Can the Courts Expunge?
Convictions under the old (PL 220, PL 221, PL 240) and
new (PL 222) provisions of the penal law (PL) will be
automatically expunged:
» PL 221.05: Unlawful possession of marijuana
» PL 221.10, 221.15, 221.20: Criminal possession
of marijuana in the third, fourth, or fifth degree
» PL 221.35, 221.40: Sale of marijuana in the fourth
or fifth degree
» PL 222.25: Unlawful possession of more than
3 ounces of cannabis or more than 24 grams
of concentrated cannabis
» PL 220.06, 220.03: Criminal possession of a
controlled substance (concentrated cannabis)
in the fifth or seventh degree
» PL 222.45: Sale of cannabis
» PL 222.10: Restrictions on cannabis use
» PL 222.15: Personal cultivation and home possession
of cannabis
» PL 240.36: Loitering in the first degree when the
only substance involved was marijuana and the
conviction was only a misdemeanor or violation
How Does the Expungement
Process Work?
» Expungement happens automatically, so
you most likely do not have to do anything.
» Your conviction will not show up on criminal
background-check searches if it falls under
Article 221 (PL 221.05, PL 221.10, PL 221.15,
PL 221.20, PL 221.35, PL 221.40).
» For Articles other than PL 221, New York
courts and DCJS have until March 31, 2023,
to finish expunging records.
» You will not receive a notice that your
record has been expunged.
» If your case includes a conviction for
another charge in addition to an eligible
marijuana or cannabis charge, only the
eligible marijuana or cannabis charge
will be expunged.
Get Proof
If you want proof that your record
was properly expunged, request a
Certificate of Disposition from the
court where the case was decided or
a copy of your RAP sheet from DCJS.
nycourts.gov/LegacyPDFs/forms/criminal/
pdfs/CoDRequestForm-fillable.pdf
Can I Get Other Convictions Expunged?
Marijuana convictions other than those listed above will not
be automatically expunged. To ask the court that convicted
you to vacate, dismiss, or reduce the charges, or to reduce the
sentence, file a CPL 440.46-a form, available on the court’s
website (https://nycourts.gov/LegacyPDFs/forms/criminal/pdfs/
MarijuanaResentencingApplicationCPL440.46-a-fillable.pdf).
You may also want to speak to a lawyer in the following cases:
If you are not a U.S. citizen,
because you may have to make
sure that the expungement of
your conviction is effective for
immigration purposes
If you are thinking about
having the physical records
of your expunged conviction
destroyed, because this could
create other problems for you
If you want to seal or expunge a conviction
that’s not related to marijuana, including
sealing records under Section 160.59
of the Criminal Procedure Law
(nycourts.gov/LegacyPDFs/forms/criminal/
pdfs/CPL160.59SealingApplication.pdf)
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