New York Marijuana Conviction Vacatur Attorneys (MRTA)
Last updated: May 2026
New York legalized adult-use cannabis through the Marijuana Regulation and Taxation Act (MRTA), signed March 31, 2021. The MRTA — together with the earlier 2019 marijuana decriminalization law — directed the courts and the State Division of Criminal Justice Services (DCJS) to automatically vacate and expunge most prior marijuana convictions for conduct that is no longer criminal. Unlike most other New York post-conviction relief, marijuana vacatur under the MRTA is true expungement: the record is destroyed, not just sealed.
What the MRTA automatically vacates and expunges
The MRTA, working in tandem with Penal Law § 221 and the 2019 amendments, vacates and expunges most New York convictions for: unlawful possession of marijuana in the second degree (old PL 221.10), criminal possession of marijuana in the fifth degree (old PL 221.10/221.15) for amounts now legal under the MRTA, and several related offenses involving conduct that is no longer prohibited. Records covered by the automatic process are physically destroyed or marked for destruction at the Office of Court Administration and DCJS.
How to confirm your record was cleared
Request a New York RAP sheet from the State Division of Criminal Justice Services (a DCJS Personal Record Review under Article 23-A) and verify that the marijuana arrest or conviction no longer appears. If the case still shows after the statutory window, a New York attorney can contact DCJS or the Office of Court Administration to correct the record, or file a motion in the original court to enforce the vacatur.
When you still need to petition
Petition-based relief remains the route for: marijuana-related convictions tied to a separate, non-marijuana count that survives the MRTA; sale or trafficking convictions above the thresholds in the MRTA; cases that pre-date the automatic processing window and were missed by OCA; and any case where the DCJS or OCA record still shows the matter despite the statute. Depending on the facts, the attorney may file a motion to vacate under CPL 440.10, a sealing motion under CPL 160.59, or work with the OCA / DCJS records units to correct the database.
Why a New York attorney can help
Marijuana vacatur in New York sits at the intersection of the MRTA, the 2019 amendments, the underlying Penal Law § 221 framework, the Clean Slate Act (CPL 160.57), and CPL 160.59. An attorney can pull a current DCJS RAP sheet, identify which automatic-vacatur category applied to each charge, identify any companion non-marijuana counts that may need separate handling, and address records that should have been vacated but still appear on a background check. ExpungeReady lists licensed New York attorneys for informational purposes only; we do not endorse any attorney and do not collect referral fees.
Frequently asked questions
Was my New York marijuana case automatically expunged?
Most low-level marijuana possession convictions for conduct that is no longer criminal under the MRTA were directed to be vacated and expunged. Confirm by requesting your DCJS RAP sheet. If the case still appears, a New York attorney can help correct the record or file a motion.
Does the MRTA cover sale or trafficking?
Sale and trafficking convictions above the thresholds in the MRTA are generally not covered by the automatic process. CPL 440.10 motions, CPL 160.59 sealing, or — for misdemeanors and many felonies — the Clean Slate Act may still apply depending on the offense and the petitioner's overall record.
What about marijuana convictions paired with another charge?
The MRTA generally vacates only the marijuana count when paired with a separate non-marijuana offense. The companion count may still qualify for CPL 160.59 sealing or, after the applicable waiting period, automatic sealing under the Clean Slate Act.
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