New York’s new cannabis legalization bill has provisions aimed at reducing the impact of prior marijuana convictions. One provision allows the expungement of misdemeanor records of low-level marijuana possession. Meanwhile, the other provision downgrades the records of those convicted of marijuana felonies to align with current law.
Expunging Misdemeanor Records: What You Need to Know
Misdemeanor convictions of up to a pound of possession or 25 grams of sale “will be automatically expunged…without filing any motions and without any fees,” according to The New York State Unified Court System. Although downgrading felonies under the Marihuana Regulation and Taxation Act is more complicated, the law was supposed to create a presumption in favor of relief.
The Typographical Error That Complicates Relief for Felony Convictions
However, a drafting error has hindered the relief process for those with marijuana felony convictions. The law’s language refers to people convicted of marijuana offenses that “would not have been a crime” had the 2021 changes been in effect or those who “would have been guilty of a lesser or potentially less onerous offense” under current law.
From Felony to Misdemeanor: How the Law Was Supposed to Help
Paragraph 2(b) allows a court that receives a petition from someone convicted of a marijuana offense that no longer exists to “shall…grant the motion to vacate such conviction.” The paragraph also adds that a court “may substitute, unless it is not in the interests of justice to do so, a conviction for an appropriate lesser offense” when “the petition meets the criteria in subparagraph (ii) of paragraph (a).” The law was supposed to provide streamlined relief, allowing those with marijuana felony convictions to downgrade their records easily.
The Consequences of the Drafting Error
- Unfortunately, the mistake precluded people with marijuana felony convictions from using the streamlined relief process that the law was supposed to provide. Legal Aid Society attorney Emma Goodman estimates that New York’s law covers 9,000 marijuana felony convictions, half of which involve offenses that are no longer felonies. A drafting error has complicated the process, precluding felons from filing a straightforward form to receive a conviction reduction.
Seeking Relief for Prior Marijuana Convictions: The Current Process
Felons must have a legal motion drafted and submitted in the county court where they were convicted, which faces opposition from some local prosecutors. The process has become more difficult and uncertain than it was supposed to be. Goodman suggests that a form should exist that allows for a simple request to have a conviction reduced or downgraded to the current level of the offense.
Fixing the Error: New Legislation Needed
New legislation is needed to fix the error and provide felons with a streamlined relief process. Everyone in Albany understands the mistake, but correcting it will take some time. A spokesman for New York Assembly Majority Leader Crystal D. Peoples-Stokes said, “We’re on it, and while it may take a little bit of time, we will address it.”
