A state law passed last year legally expunged all convictions for possession of less than two ounces of marijuana. But the paperwork remains in the court system’s files and those of police agencies.
To get those documents destroyed, a person who had convictions for unlawful possession or fifth-degree criminal possession of marijuana may follow instructions issued Friday by the state Unified Court System.
The application is available on the court system’s website or at courthouses around the state, but if it’s filed in person, it must be done at the courthouse where the conviction occurred. There is no fee.
Under expungement rules, the conviction records can be seen by police, but only for a person seeking a police officer job, or by those considering a pistol permit application.
Possessing less than 2 ounces of pot in New York State is now a noncriminal violation. Having less than an ounce is now called first-degree unlawful possession; having between 1 and 2 ounces is now second-degree unlawful possession.
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