Four Years After Marijuana Legalization, Many Prosecutors Refuse to Give New Yorkers the Clean Slate They Were Promised

In 2001, Douglas Dermott was arrested just outside of Saratoga Springs for selling less than a pound of cannabis to police informants, an act that would be a class A misdemeanor today.

But at the time, selling that amount of marijuana was a felony. Dermott, 20 years old, was convicted of two felony counts, and served roughly a year in prison. After he was released, he went on to earn a master's degree in psychology, and began helping at-risk teenagers as a school psychologist, out of a desire to help young people avoid the mistakes he felt he had made. 

But his old charges never left him.

Despite receiving commendations for his work over a 15-year career in various public schools throughout New York state, he told Hell Gate he was denied promotions, salary bumps, and leadership positions due to that felony conviction.

When he learned that the 2021 state law that legalized recreational marijuana also allowed for people with cannabis felonies to expunge their past charges, Dermott filed a motion to clear his record. Prior to its passage, legislators had spoken on the State Senate floor about the need to make it easy for former felons to become whole citizens, and Dermott believed he was a good candidate for expungement.

His hopes fell short.