Assembly votes to expunge pre-2021 syringe-possession convictions, sponsors cite public-health precedent
May 13, 2026 | 2026 Legislature NY, New York
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The Assembly passed legislation designed to clear past convictions for possession of syringes and hypodermic needles committed before 2021, aligning the state’s records with the public-health approach adopted when decriminalization occurred.
Sponsor Assemblymember Kallis described the measure as a targeted expungement for prior syringe-possession offenses. She read the statutory definition of expungement on the floor and said the Office of Court Administration (OCA) and Division of Criminal Justice Services (DCJS) have processes and records that make a proactive expungement feasible; she estimated more than 25,000 convictions would be affected.
Members asked whether the measure would also expunge escalator felony offenses tied to repeated syringe-possession convictions; Kallis said the escalator conviction would be expunged if it was solely based on syringe possession. Other lawmakers raised implementation concerns: whether county clerks would receive court orders, how DCJS records would be updated, and whether human errors that left convictions on criminal histories after marijuana expungements could recur. Sponsor and supporters referenced the marijuana-expungement process as precedent and said agencies already communicate to perform large-scale expungement tasks.
Some members voiced caution about the administrative burden and the potential for incomplete record removal; sponsor urged that individuals who still find records on their histories contact OCA and DCJS to correct errors. The Assembly adopted the bill by roll-call vote; final tally was Ayes 111, Nays 25.
Supporters framed the measure as restoring opportunities for housing and employment to people affected by historic enforcement practices; opponents urged care in designing notifications and court orders so county records are correctly updated.
The bill takes effect immediately, and sponsor remarks emphasized coordination among OCA, DCJS and county clerks as the next step.
Sponsor Assemblymember Kallis described the measure as a targeted expungement for prior syringe-possession offenses. She read the statutory definition of expungement on the floor and said the Office of Court Administration (OCA) and Division of Criminal Justice Services (DCJS) have processes and records that make a proactive expungement feasible; she estimated more than 25,000 convictions would be affected.
Members asked whether the measure would also expunge escalator felony offenses tied to repeated syringe-possession convictions; Kallis said the escalator conviction would be expunged if it was solely based on syringe possession. Other lawmakers raised implementation concerns: whether county clerks would receive court orders, how DCJS records would be updated, and whether human errors that left convictions on criminal histories after marijuana expungements could recur. Sponsor and supporters referenced the marijuana-expungement process as precedent and said agencies already communicate to perform large-scale expungement tasks.
Some members voiced caution about the administrative burden and the potential for incomplete record removal; sponsor urged that individuals who still find records on their histories contact OCA and DCJS to correct errors. The Assembly adopted the bill by roll-call vote; final tally was Ayes 111, Nays 25.
Supporters framed the measure as restoring opportunities for housing and employment to people affected by historic enforcement practices; opponents urged care in designing notifications and court orders so county records are correctly updated.
The bill takes effect immediately, and sponsor remarks emphasized coordination among OCA, DCJS and county clerks as the next step.
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