Legal Question in Criminal Law in New York

Conditional Discharge/ ACD

Back in 1991 I was offered an ACD conditional discharge for a misdemeanor. I was told at that time I would have NO RECORD. Now 13 1/2 years later I was not able to get into Canada and I have been denied a job. I called the court back in NY and they said I was not convicted, but the record shows I was charged at that time. That does me no good, because now after Sept 11th every place is running a background check. Even though I now have a college background and have not been in any trouble since then, I am paying a huge price. How does one get a record Ex-Punged? This was a minor offence and is making my life very difficult. Is there anything I can do short of an idenity change.


Asked on 12/23/04, 12:51 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Conditional Discharge/ ACD

This is a simple matter. You need to petition to have the record 'sealed'. The law and procedure are described in McKinney's CPL, I think section 340 (my memory may be off, but I think that is the relevant section).

The petition is made on motion to the court with notice to the DA. The documents are the same for every court in the State of New York because the law is the same - it is all New York State Law.

I can draft all of the documents and send them to you at your home in Albany? (I may be in Albany next week personally for a fee of $300.

Andrew Nitzberg

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Answered on 12/23/04, 2:37 pm


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