New York Courts dot gov
New York StateUnified Court System

FORM & INSTRUCTIONS - Application to Destroy Expunged Marihuana Conviction Record - CPL 160.50(5)(a)


How to Prepare & File an Application to Destroy an Expunged Marihuana Conviction Record

  1. You can apply for destruction of your expunged marihuana conviction record only if you were convicted of Penal Law section 221.10 or Penal Law section 221.05. These are the only two conviction charges that are eligible for expungement and destruction.
    NOTES:
    • Before August 28, 2019, Penal Law section 221.10 was called Criminal Possession of Marihuana in the Fifth Degree. On August 28, 2019, Penal Law section 221.10 was renamed Unlawful Possession of Marihuana in the First Degree.
    • Before August 28, 2019, Penal Law section 221.05 was called Unlawful Possession of Marihuana. On August 28, 2019, Penal Law section 221.05 was renamed Unlawful Possession of Marihuana in the Second Degree.
    • You can apply to have your expunged Penal Law section 221.10 and/or 221.05 conviction record destroyed regardless of whether you were convicted before or after August 28, 2019.
    • If you were charged with Penal Law section 221.10 and/or Penal Law section 221.05 and you were adjudicated a Youthful Offender, you are not eligible for expungement and destruction because a Youthful Offender adjudication is not a conviction.
  2. Under the new law, convictions for Penal Law sections 221.10 and 221.05 have already been expunged. This means that the court, arrest, prosecution and criminal history records related to these convictions are confidential and cannot be seen by anyone except: 1) a law enforcement agency to which you are applying for a job as a police or peace officer, or 2) a pistol permit licensing officer/bureau to which you are applying for a pistol permit. If you are satisfied with the confidentiality that expungement already provides, you are not required to apply for destruction.
  3. If you decide to apply for destruction, the arrest, prosecution and criminal history records related to your expunged marihuana conviction are destroyed, and there will be no record of your arrest or conviction for these charges. In other words, it will be like it never happened. However, please be aware that the Division of Criminal Justice Services (DCJS) keeps the criminal history records for everyone arrested in New York, and once your record is destroyed, DCJS can no longer verify that your conviction was vacated, your case was dismissed, and your arrest record was expunged. Please consider this consequence carefully, and you may wish to consult with an attorney before applying for destruction.
  4. If your case includes a conviction for another felony or misdemeanor charge in addition to your Penal Law section 221.10 and/or Penal Law section 221.05 conviction, the other conviction charges are not expunged. Only the Penal Law section 221.10 and/or Penal Law section 221.05 conviction charges are expunged, and only the records related to your Penal Law section 221.10 and/or Penal Law section 221.05 convictions are eligible for destruction.
  5. You can get an Application to Destroy Expunged Marihuana Conviction Record form online or in person at the courthouse. Click the following link for the fillable application form: Application to Destroy Expunged Marihuana Conviction Record.
    NOTE: You cannot electronically file your application. You must file your application either by mail or in person at the courthouse where you were convicted of the eligible marihuana charge.
  6. You MUST complete all the required information in the application form. If you cannot find or remember the following three pieces of case information, you can check the “Unknown” box(es), and the court will search its records for this information when you file your application:
    • Docket/Case Number
      (All cases will have a docket or case number.)
    • Criminal Justice Tracking Number (CJTN)
      (You will have a CJTN only if you were fingerprinted for the arrest.)
    • New York State Identification (NYSID) Number
      (You will have a NYSID only if you were fingerprinted for the arrest.)
    NOTE: If the court searches its records and does not find your case information based upon the other information you provided, your application cannot be processed. Therefore, it is strongly recommended that you look for your case paperwork or contact your attorney to get this information and enter it in your application if possible.
  7. File your application in the same court where you were convicted. Your application cannot be processed if you file in a different court. Either you or your attorney may file the application. There is NO APPLICATION FILING FEE.
    NOTE: If you have Penal Law section 221.10 and/or Penal Law section 221.05 convictions in more than one court, you must file a separate application with each court to request destruction of your expunged marihuana conviction records.
  8. Because the court has already expunged your case, the court cannot process your application or give you any case information unless you provide proof that you were the defendant in the case as follows:
    • If you file your application in person, you must show a valid government-issued photo ID.
    • If you file by mail, your application must be notarized.
  9. After the court receives and reviews your application, the court will send you an Acknowledgement of Application to Destroy Expunged Marihuana Conviction Record form telling you if your application is successfully processed or not.
    1. If your application is successfully processed, the court will send your application to the other agencies involved in your case. These other agencies will destroy their records related to your Penal Law section 221.10 and/or Penal Law section 221.05 conviction when they receive your application from the court.
      • If you were fingerprinted in the case, the court will send your application to DCJS.
        • DCJS will send you a letter confirming that they processed your application and that your eligible marihuana conviction record was destroyed.”
        • If more than 1 month has passed since you received your Acknowledgement of Application to Destroy Expunged Marihuana Conviction Record form from the court telling you your application was successfully processed, and you have still not received a confirmation letter from DCJS, you can contact DCJS regarding your destruction request at (518) 474-8315.
      • The court also sends your application to the prosecutor and law enforcement agencies involved in your case, but the court cannot confirm if they have actually processed your application to destroy your eligible marihuana arrest and prosecution records. If you want to confirm that these agencies have destroyed their records, you must contact each agency directly.
    2. If your application is not processed, the form will show the reasons why the court could not process your application.
      • You can refile your application with the court by correcting certain problems such as:
        • You didn’t complete all the required information in the application form; or
        • You filed with the wrong court; or
        • You didn’t provide proper proof that you were you were the defendant in the case.
      • You cannot refile your application with the court for certain problems such as:
        • You were not convicted of a charge that is eligible for expungement or destruction; or
        • You were already adjudicated a Youthful Offender for the charge, and therefore, you are not eligible for expungement or destruction, or
        • An Application to Destroy Expunged Marihuana Conviction Record was already filed and successfully processed by the court.

 

FORMS
Application to Destroy Expunged Marihuana Conviction Record