Lockport, NY asked in Cannabis & Marijuana Law, Criminal Law and Federal Crimes for New York

Q: 3rd time asking, no replies yet. Have expunged marijuana coviction. What do I answer when asked "ever been convicted?"

1 Lawyer Answer
Benjamin Ostrer
Benjamin Ostrer
  • Criminal Law Lawyer
  • Chester, NY
  • Licensed in New York

A: You can truthfully answer that you have not been convicted if your disposition was expunged. However, there are applications such as a pistol permit and certain employment where the permit officer or HR office should be consulted. Some require disclosure of all cases even those that were adjourned in contemplation of dismissal, expunged or sealed.

If your conviction was "sealed"

Members of the public (including private employers or housing agencies) will not have access to your record of a sealed conviction.

The following entities will be able to see the sealed conviction/prosecution:

Federal, state, and local law enforcement, Courts in the unified court system, Probation departments;

Sheriffs’ offices, District attorneys’ offices & most law enforcement and professional conduct boards;

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