Cannabis Conviction Expungement Clinics are coming to Buffalo, New York

Officials in Erie County, New York, announced last week that beginning later this month, a series of cannabis conviction clearance clinics will be held in Buffalo to give those with prior marijuana offenses the opportunity to have their records erased. The Erie County District Attorney’s Office and the Erie County Bar Association’s Assigned Legal Counsel Program will host two firefighting clinics, one later this week and the second next month.

When the New York state legislature passed legislation legalizing recreational cannabis last year, it included provisions allowing those with prior convictions for some cannabis-related offenses to have their records erased. Erie County District Attorney John Flynn said in a statement Thursday that the deletion may help repair the damage caused by the failed War on Drugs.

“Now that New York State has legalized recreational cannabis, we need to act on behalf of people whose lives have been unfairly impacted by a marijuana-related conviction on their criminal record,” Flynn said. “African Americans in particular have been disproportionately affected by the criminalization of cannabis, which has prevented them from pursuing certain life opportunities. I hope to give our citizens living with these criminal convictions a fresh start by offering legal assistance to expedite the deletion or reduction process.”

Flynn’s office found that a criminal conviction for even a minor marijuana offense can have a lasting impact on those involved. A criminal record can adversely affect job and housing searches and result in ineligibility for some welfare programs, including college grants.

“After years of injustice to impoverished populations and minorities by criminalizing marijuana, the New York State Legislature legalized adult possession and use of marijuana in 2021,” said Kevin M. Stadelmaier of the Erie County Bar Association Assigned Legal Counsel Program . “This landmark legislation takes dramatic steps to significantly reduce crime, improve adversely affected communities and undo wrongful convictions made under the now repealed legislation. A key component of the new law is the removal of most marijuana-related convictions; Allowing customers affected by the previous laws to move forward unencumbered.”

Automatic deletion of some cannabis convictions

The New York City Cannabis Legalization Act allows for the automatic deletion of many marijuana-related offenses that are no longer illegal under state law, including possession or sale of marijuana and low-level cannabis cultivation. Convictions of other more serious cannabis offenses may also be eligible for a quash or reduced charge or sentence, but require filing an application with the appropriate court.

Once overturned, a conviction will no longer appear on a criminal background check and will not need to be disclosed when applying for a job, student loan, or apartment. The sentencing record is sealed and remains confidential unless a handgun permit or law enforcement agency application is made.

“The overturning of marijuana-related convictions is a step toward righting one of the many injustices suffered by members of disadvantaged communities in our city,” said Sarah Ryan of Buffalo, Inc.’s Legal Aid Bureau, which focuses on employment, education and housing without a marijuana conviction negatively impact the brighter future they hope for. Giving people access to achieve their dreams leads to a better and more prosperous society for all. The Legal Aid Bureau of Buffalo thanks all participants who work on this valuable project.”

Erie County residents who believe they have a valid weed-related conviction are encouraged to attend an upcoming informational session. Those requesting deletion or reduction must sign and fill out an application form and financial eligibility form so that legal professionals can obtain a copy of the applicant’s court records and criminal record.

Attorneys will review the records to determine each person’s eligibility for a conviction to be overturned or reduced. If justified, the lawyers apply to the court for the dismissal or reduction of the charges. The motion will be submitted to a judge, and prosecutors will agree to vacate or reduce the conviction at a court date expected to be held this fall. Applicants will be notified if their conviction is not eligible for an overturn or reduction.

The first consultation hour for deletion will take place on Thursday, August 25, 2022, from 6:00 p.m. to 8:00 p.m. A second office hour will be held on Saturday, September 24, 2022 from 2:00 p.m. to 4:00 p.m. Both events will be held at the Elim Christian Fellowship at 70 Chalmers Avenue in the city of Buffalo.