Legal Question in Criminal Law in New York

clean rap sheet?

Currently looking at a petit larceny charge, and am concerned about having a clean rap sheet. I was convicted of a misdemeanor in RI 7 years ago, and had 2 marijuana ACD's, and 2 dis con ACD's four and five years ago, respectively. I am wondering if any/all of these will show up on my rap sheet at my next court appearance (was already arraigned). There is currently ''no'' rap sheet, but is there a chance a ''clean'' rap sheet will emerge? Also, if I can get the RI case expunged (assuming it will currently appear), will this help?

Thanks very much!


Asked on 11/13/02, 1:37 am

2 Answers from Attorneys
Raymond David Marquez R. David Marquez, P.C.

Re: clean rap sheet?

There is no such thing as a "clean" rap sheet. If you have a rap sheet at all it will show each crime you've been arrested for and the disposition of the case. In your situation, you already have a rap sheet. The fact that some, if not all, of the other crimes occurred in other jurisdictions is probably the best explanation for why they did not appear on your most recent rap sheet. There is no guarantee that the other arrests or convictions won't show up at a later date.

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Answered on 11/17/02, 10:45 am
James Kats James S. Kats, Esq.

Re: clean rap sheet?

Your arrests will appear on the DA's rap sheet, eventually, WHETHER OR NOT YOU WERE CONVICTED. They continue to be available to law enforcement agencies, even if they are dismissed. The disposition of the cases will also appear next to the arrest charge ---- if dismissed, "No Disposition" will appear. The DA knows that would usually mean "dismissal". The cases you mention should not hurt your plea bargan; and you can have the RI case expunged.

For more info: James Kats 347-451-7318 or E-mail: [email protected].

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Answered on 11/13/02, 8:01 am


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