Overview Description

Records relating to convictions for marijuana possession under sections 221.05 and 221.10 are vacated and expunged immediately. N.Y. Crim. Proc. Law § 160.50(5).

Ineligible Category or Citation

This policy applies only to convictions under Penal Law sections 221.05 and 221.10.

Procedure General

The procedure is automatic. For the specific procedure, see N.Y. Crim. Proc. Law § 160.50.


There are no fees.


The conviction is deemed a nullity, and the person is restored to pre-arrest status. Records are marked as expunged and not released to anyone. Upon written request, the records can be destroyed. The person is not required to provide information related to the case, unless specifically required by statute or superior court order. N.Y. Crim. Proc. Law §§ 1.20(45), 160.50(5)(b).

Waiting Periods

There is no waiting period.

(non-prod server)