Hundreds of thousands of people in New York state have lived with marijuana charges on their records for 505 days after the drug was legalized.

Now, there’s a push to get those records expunged sooner rather than later.

“This is about long-term, not short-term,” Erie County District Attorney John Flynn.

What You Need To Know

  • Marijuana charges can be expunged or reduced
  • This process could take around a month, waiting for the state could be closer to two years
  • Clinics to help the process go faster to be held Aug. 25 and Sept. 24

Marijuana was legalized in New York state on March 21, 2021.

Those with criminal charges because of possession, use or growth of marijuana will have those records automatically expunged, essentially making it like it never happened, but it’ll take time.

“Individuals who have a marijuana conviction want to join the military now. They don't want to wait for two years,” said Flynn. “Individuals need a student loan now, not two years from now. Individuals want to get a job now, not in two years from now.”

These marijuana charges, going back over 50 years, mainly impact people of color.

“Expungements of these convictions are really going to allow people to move forward, become productive members of society if they haven't been able to do that already, and really unburden these disproportionately impacted communities,” added Kevin Stadelmaier, the 1st deputy defender for the Erie County Assigned Counsel Program.

Two clinics will be offered at Elim Christian Fellowship to help get the process started. One will be on Thursday, Aug. 25 from 6-8 p.m. and another from Saturday, Sept. 24 from 2-4 p.m.

“We typically have competing interests, but in this circumstance, District Attorney Flynn came forward [and] saw that there was a need to fill a gap between what the state said should happen and what is actually happening,” said Stadelmaier.

The clinics will have defense attorneys there to get consent to pull people’s records.

Once the ball gets rolling, it could make the wait one month. Otherwise it’ll depend on how fast the state moves.

“I'm not trying to throw them under the bus, but I'm a little skeptical that they're going to get it done by 2023,” said Flynn. “I know how bureaucracy is. I know there's probably millions of these convictions that are out there all across the state.”

It’s not just expungement, but also reduction, i.e. bringing a felony down to a misdemeanor or a misdemeanor to a violation, ideally as soon as possible.

“They already had their punishment for the crime, and the crime that they committed is now no longer a crime,” Flynn said. “And that's what this is all about.”

These clinics are only for people with marijuana charges in Erie County.

If anyone outside of the area is looking for information, they can call their local DA for more information.

Below is more information on specific charges that can be expunged or reduced:

Automatic Expungement
A conviction will be automatically vacated by the Court if a person was found guilty of violating the following sections of the New York State Penal Law:
* PL 221.05 Unlawful Possession of Marihuana in the Second Degree
* PL 221.10 Unlawful Possession of Marihuana in the First Degree
* PL 221.15 Criminal Possession of Marihuana in the Fourth Degree
* PL 221.20 Criminal Possession of Marihuana in the Third Degree
* PL 221.35 Criminal Sale of Marihuana in the Fifth Degree
* PL 221.40 Criminal Possession of Marihuana in the Fourth Degree
* PL 222.10 Restrictions on Cannabis Use
* PL 222.15 Personal Cultivation and Home Possession of Cannabis
* PL 222.25 Unlawful Possession of Cannabis
* PL 222.45 Unlawful Sale of Cannabis
 
The following convictions are subject to automatic expungement only if the controlled substance involved was concentrated cannabis:
* PL 240.36 Loitering in the First Degree, but only if the court can determine that concentrated cannabis was the only controlled substance involved.
* PL 220.03 Criminal Possession of a Controlled Substance in the Seventh Degree, but only if the court can determine that concentrated cannabis was the only controlled substance involved.
* PL 220.06 Criminal Possession of a Controlled Substance in the Fifth Degree, but only if the court can determine that concentrated cannabis was the only controlled substance involved.
 
Non-Automatic Expungement
Certain convictions may be eligible for expungement, charge reduction and/or sentence reduction, but require that a motion be filed with the Court:
* PL 221.25 Criminal Possession of Marijuana in the Second Degree
* PL 221.30 Criminal Possession of Marijuana in the First Degree
* PL 221.45 Criminal Sale of Marijuana in the Third Degree
* PL 221.50 Criminal Sale of Marijuana in the Second Degree
* PL 221.55 Criminal Sale of Marijuana in the First Degree