New York City Council Header
File #: Res 0641-2018    Version: * Name: Expunge the records of all city misdemeanor marijuana convictions.
Type: Resolution Status: Adopted
Committee: Committee on Justice System
On agenda: 11/28/2018
Enactment date: Law number:
Title: Resolution calling on the coordination of the New York State Division of Criminal Justice Services (DCJS), the New York State Office of Court Administration, and New York City District Attorneys to expunge the records of all city misdemeanor marijuana convictions.
Sponsors: The Public Advocate (Mr. Williams), Stephen T. Levin, Laurie A. Cumbo, Diana Ayala , Brad S. Lander, Ben Kallos, Mark Treyger, Carlina Rivera , I. Daneek Miller
Council Member Sponsors: 8
Attachments: 1. Res. No. 641, 2. November 28, 2018 - Stated Meeting Agenda with Links to Files, 3. Committee Report 2/27/19, 4. Hearing Testimony 2/27/19, 5. Hearing Transcript 2/27/19, 6. Committee Report 3/26/19, 7. Hearing Transcript 3/26/19, 8. Hearing Transcript 3/26/19, 9. March 28, 2019 - Stated Meeting Agenda with Links to Files, 10. Hearing Transcript - Stated Meeting 3-28-19, 11. Minutes of the Stated Meeting - March 28, 2019
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
3/28/2019*The Public Advocate (Mr. Williams) City Council Approved, by CouncilPass Action details Meeting details Not available
3/26/2019*The Public Advocate (Mr. Williams) Committee on Justice System Hearing Held by Committee  Action details Meeting details Not available
3/26/2019*The Public Advocate (Mr. Williams) Committee on Justice System Approved by CommitteePass Action details Meeting details Not available
2/27/2019*The Public Advocate (Mr. Williams) Committee on Consumer Affairs and Business Licensing Laid Over by Committee  Action details Meeting details Not available
2/27/2019*The Public Advocate (Mr. Williams) Committee on Consumer Affairs and Business Licensing Hearing Held by Committee  Action details Meeting details Not available
2/27/2019*The Public Advocate (Mr. Williams) Committee on Civil and Human Rights Laid Over by Committee  Action details Meeting details Not available
2/27/2019*The Public Advocate (Mr. Williams) Committee on Civil and Human Rights Hearing Held by Committee  Action details Meeting details Not available
2/27/2019*The Public Advocate (Mr. Williams) Committee on Public Safety Laid Over by Committee  Action details Meeting details Not available
2/27/2019*The Public Advocate (Mr. Williams) Committee on Public Safety Hearing Held by Committee  Action details Meeting details Not available
2/27/2019*The Public Advocate (Mr. Williams) Committee on Justice System Laid Over by Committee  Action details Meeting details Not available
2/27/2019*The Public Advocate (Mr. Williams) Committee on Justice System Hearing Held by Committee  Action details Meeting details Not available
11/28/2018*The Public Advocate (Mr. Williams) City Council Referred to Comm by Council  Action details Meeting details Not available
11/28/2018*The Public Advocate (Mr. Williams) City Council Introduced by Council  Action details Meeting details Not available

Res. No. 641

 

Resolution calling on the coordination of the New York State Division of Criminal Justice Services (DCJS), the New York State Office of Court Administration, and New York City District Attorneys to expunge the records of all city misdemeanor marijuana convictions.

 

By the Public Advocate (Mr. Williams) and Council Members Levin, Cumbo, Ayala, Lander, Kallos, Treyger, Rivera and Miller

 

                     Whereas, In recent years many jurisdictions around the country have sought to correct the wrongs of the war on drugs and collateral consequences of marijuana-related convictions; and

                     Whereas, In New York City, enforcement policies have been amended to move further away from criminalizing the low-level possession and use of marijuana; and                      

                     Whereas, As of September 2018, the New York City Police Department committed to issuing criminal summons in lieu of arrests for the majority of persons found smoking marijuana in public; and

                     Whereas, Arrests will only be made if persons are on probation or parole, have an existing criminal warrant, a recent history of violence, does not possess a form of identification, or if their smoking poses an immediate public safety risk, such as while driving a car; and

                     Whereas, While the City has taken steps to improve enforcement, a legacy of unduly harsh policies has had significantly negative adverse consequences on those with convictions for marijuana possession, hindering access to housing, education, and employment prospects for persons with decades-old convictions; and

                     Whereas, Due to racial disparities in policing strategies, research shows that poor communities of color are disproportionately affected by marijuana convictions; and

                     Whereas, According to the Misdemeanor Project at John Jay College of Criminal Justice, between 1993 and 2016, arrestees for marijuana-related charges were overwhelmingly Black and Latino men, despite there being no difference in usage across race; and

                     Whereas, As many states have now legalized marijuana for recreational use, some jurisdictions, including San Francisco, San Diego, and Seattle have automatically cleared prior misdemeanor convictions for possession; and

                     Whereas, New York should follow in the footsteps of these jurisdictions; therefore be it

                     Resolved, That the Council of the City of New York calls on the coordination of the New York State Division of Criminal Justice Services (DCJS), the New York State Office of Court Administration, and New York City District Attorneys to expunge the records of all city misdemeanor marijuana convictions

 

 

LS 7034/7208

10/18/2018

CMA