Old Penal Law (“PL”) Offenses

• PL 221.05
• PL 221.10
• PL 221.15
• PL 221.20
• PL 221.35
• PL 221.40
• PL 240.36
• PL 240.37
• PL 220.03 or PL 220.06 (IF the sole controlled substance was concentrated cannabis)

New Penal Offenses

• PL 222.10
• PL 222.15
• PL 222.25
• PL 222.45

• Expungement means that your case is vacated, dismissed and “deemed a nullity:’
• If you are asked about whether you have a conviction record on a job application and your case has been expunged, you can answer no.
• Your case should not show up on a background check and should not be used against you, including in employment, licensing, housing and ACS proceedings.
• Exceptions: Expunged records can still be seen when you are applying for a gun license or a job as a peace or police officer. Contact a lawyer if you have questions.

• If you are not a US citizen, you may still need to file an application to have your conviction vacated.
• If you have a marijuana conviction that is NOT eligible for automatic expungement, you may be eligible to vacate your conviction or reduce your sentence.
• If you are considering requesting the physical destruction of your records, you should consult with a lawyer first. This is almost always a bad idea, especially if you are not a US citizen.
• If you are looking to seal or expunge a conviction for something else, you may have other options!

If you want proof that your record has been properly expunged, you can request a Certificate of Disposition from the Court or a copy of your RAP Sheet. Information about how to access your records can be found on our website. We hope to have an easier, free process to confirm expungement in the future.

Contact The Case Closed Project at The Legal Aid Society Email: CaseClosed@legal-aid.org, Phone: 212-298-312.

This information is also available as a downloadable PDF in both English and Spanish.

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.