Legal Question in Criminal Law in New York

How do I proceed to get my record expunged? I have not had any problems for the past 5 years and have been having trouble finding a job due to a mistake in my past. Currently on my record:

2 separate case numbers File Date 7/22/2005 Disposition Date 12/1/2005

Case1, charge 1 Misdemeanor 4TH DEGREE ATTEMPTED GRAND LARCENY - Disposition Dismissed

Case 2, Charge 1 Misdemeanor 5TH DEGREE CRIMINAL POSSESSION OF STOLEN PROPERTY - Disposition Plead Guilty Probation 3 YRS

Charge 2 Felony 4TH DEGREE GRAND LARCENY - Disposition REDUCED

Charge 3 Misdemeanor PETIT LARCENY - Disposition COVERED BY THE PLED TO CHARGE

This happened in Westchester NY. Any advice would be greatly appreciate

Thanks

Mike


Asked on 9/02/10, 6:50 pm

3 Answers from Attorneys

Stuart Austin Austin Law Associates, PC

You cannot get your record expunged in NY. You can, however, apply for a certificate of relief from civil disabilities.

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Answered on 9/07/10, 8:54 pm
John Gugliotta The Law Offices of Gugliotta & Associates

The prior response is correct, there are no expungments in New York. A certificate of relief from civil disabilities will provide some assistance when applying for a job. The procedure is to make an application to the court where the conviction took place.

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Answered on 9/08/10, 1:21 pm
Robert Evans Robert S. Evans esq.

As was stated there are no provisions for expungement in NYS. You would need a Governor's parden to clear your record. A certificate of relief from disabilities sounds good ,but prospective employers still have a right to refuse employment.

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Answered on 9/08/10, 1:53 pm


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