NY A10092

Changes unlawful possession of marijuana penalties in Penal Law § 221.05, excluding certain prior convictions from enhancement provisions and specifically carving out convictions under Penal Law § 221.10(2).

Modifies Criminal Procedure Law § 160.50 to allow automatic sealing of records for convictions involving marijuana possession violations, with exceptions for convictions under § 221.10(2).

Permits persons convicted of § 221.10 marijuana violations (except § 221.10(2)) to petition the court for record sealing, with sealing granted unless the district attorney demonstrates interests of justice require otherwise.

Requires the Division of Criminal Justice Services and Office of Court Administration to exclude marijuana possession convictions (except § 221.10(2)) from criminal history reports, with limited exceptions for bona fide research purposes under confidentiality protections.

Immediately seals convictions for unlawful marijuana possession under § 221.05 that occurred within three years before the law's effective date, and takes effect sixty days after enactment.