Legal Question in Criminal Law in New York

Criminal Possesion of a Controlled Ssubstance

I would like to know whether I should pursue this matter, or leave it as is. My main concern in this is future employment, and how this will affect my life. I am on SSD; health condition; prescribed meds that slow down my breathing and antidepressant, I don�t drink or take street drugs, if mixed, may end in death. I am drug tested by a pain doctor, to get pain med, during visits, at random. I was arrested and charged: Misdemeanor, 1 count, Arrest charge, Arraignment charge CRIM POSS CONTRL SUBST 7th Deg; I was told 2 days later, before I saw a judge. I wasn't asked, nor gave permission to search my car; said that to my knowledge I had nothing illegal inside, a friend who was in the car said: I might have 5 empty bags in my bag.(his bag); Cops said, found something in car, driverside, don�t know if my prints on it. I asked for EMS in the precinct, was told that if I go to a hospital, would be longer in jail. 2 days later I plead guilty, to DISORDERLY CONDUCT, Charge ADDED to case. webcrims lists arrest charge as well; How long will it be on my record, can i get it removed or overturned. I only plead guilty to a lesser charge, I just wanted to go home. I had no previous record. Thx for the help.


Asked on 1/04/08, 12:35 am

2 Answers from Attorneys
NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: Criminal Possesion of a Controlled Ssubstance

If I understood your explanation correctly, the only charge you have been convicted of is disorderly conduct. Dis/con is not deemed a "crime." It is classified as a violation only. Therefore, you were not convicted of a crime and you can answer future employment applications accordingly. In NYS a conviction remains on your record forever and there is no expungement.

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Answered on 1/04/08, 7:19 am
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Criminal Possesion of a Controlled Ssubstance

You are right to worry about your record. When you pled guilty to the disorderly conduct did you waive your right to have the record sealed? IF so the original crime will stay on the record. You may need a lawyer to try to seal it but you will have to wait at least a year.

I would strongly suggest having an attoney review the matter and then think about a motion. A motion such as the one you need can be very difficult to draft. If you want to discuss this futher you can contact me through the links below.

Good Luck.

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Answered on 1/06/08, 9:19 pm


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