In August of 2019, New York joined the dozens of other states that have reduced the criminal penalties for marijuana. While recreational use of marijuana still isn’t legal in New York, the new legislation dramatically reduces the punishment for possessing small amounts for personal use. It also gives thousands of people a chance to expunge their records of marijuana-related convictions. However, in some cases, you may need an attorney’s help to seal your records.

Expunging Marijuana Possession Convictions

Under New York’s new marijuana law, possessing less than an ounce of marijuana is now punishable by a $50 fine, while having between one and two ounces may result in fines of no more than $200. More importantly, those with prior convictions may have their records expunged, potentially making it easier to get a job and find an apartment.

What Does Expungement Mean?

Expungement is when a criminal case, including the arrest and outcome, are treated by the legal system as though they never happened. An expunged record won’t show up in criminal background checks, which means they won’t be visible to potential employers or landlords.

The criminal justice reform law makes most marijuana possession convictions eligible for automatic expungement and also allows many other records to be sealed.

What If You’ve Been Convicted of Possession?

If you were convicted of carrying marijuana out in the open, smoking it in public, or possessing more than 25 grams, the record will be automatically expunged. Unlawful possession of marijuana citations will also be expunged automatically, with no action required on your part.

While many other marijuana convictions are not eligible for automatic expungement, your attorney may be able to have the records sealed. A sealed record may still be visible to law enforcement agencies but doesn’t show up in a commercial background check.

If you’ve been convicted of marijuana possession in the past, the Larry R. Koss Law Firm can help ensure that it doesn’t impact your future. For over 40 years, this accomplished attorney has been providing sound legal advice and aggressive representation to defendants throughout New York’s Monroe, Orleans, Niagara, and Genesee counties. Visit their website to learn how an attorney can help, or call (585) 637-3961 to schedule a consultation.