New York OCA

On April 13, 2019, New York Governor Andrew M. Cuomo approved the State Fiscal 2019-2020 budget which increased the fee charged by the Office of Court Administration (OCA) from $65 to $95 per name. The $30 fee was a compromise between the New York State Legislature and the Governor.

The purpose of this increase is to fund indigent defense programs in New York state. These programs assist legal service providers and county governments in providing effective assistance of counsel to those who cannot afford an attorney but are legally entitled to counsel.

In addition, the New York OCA will ensure its criminal history record searches do not include an undisposed case for which there is no record of conviction or imposition of sentence. This also includes a disposition of an executed warrant of arrest, superior court warrant of arrest, or bench warrant.

New York and Marijuana

Medical marijuana is currently legal in the state of New York and Governor Cuomo is still pushing for the legalization of recreational use even though it has stalled.

However, the New York City Council passed a bill in which most employers in New York City will be unable to require job applicants to be drug tested for marijuana. The bill is currently waiting for New York City Mayor Bill de Blasio’s signature.

Here are some facts:

  • Excludes jobs tied to the Federal Government.
  • A federal judge determined that the Controlled Substance Act does not   say anything about employment law which leaves the decision to the states.
  • According to New York’s medical marijuana law, employers can fire someone who is working impaired by marijuana.
  • If an employee appears to be under the influence of marijuana on the job, the employer can drug test the employee.
  • Exemptions for construction, safety- sensitive industries, law enforcement and jobs supervising medical patients or children.

The laws are currently changing, and we do our best to keep you informed.

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