Legal Question in Criminal Law in New York

can drug cases in NY get exspunged

Almost 20 years ago, in 1987 I plead no contest to a drug felony. (I sold an eight ball of coke I was offered 6 weeks and an A misdemeanor or 5 years formal probation and an E felony. I was terrified of jail. My attorney said take the e felony, & after probation I ll get it reduced to a misdemeanor Therefore, I took the E felony. I moved to CA. had my probation transferred there, I was so good on probation, they let me off early. I was under the impression that after my probation it would just automatically be dropped. I Never looked back and never thought another thing about it. Until now, I am applying for a job where you have to have a live scan. Guess who came back with a felony? They will not allow any felonies on my record I tried to contact my attorney and of course, he has gone and died. I heard that NY does not reduce drug felonies and I cannot have it expunged. Is this true? I still live in CA. and this took place in Syracuse NY. I would have never plead to a felony if my attorney would not of told it could be reduced and he would take care of it, what can I do if anything? I do not have a lot of money. I am single mom of two beautiful boys and I need help. Any advice would be greatly appreciated.


Asked on 3/24/05, 9:44 am

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: can drug cases in NY get exspunged

The conviction arises out of New York, so you must have it heard there. You should contact any criminal defense attorney in NY, and they should be able to help you. California does not have jurisdiction over the case, so the conviction cannot be set aside or reduced in CA. It's not good news for you, but at least you know where to go to start rehabilitating your record. NY may reduce drug felonies that occured 20 years ago. If you'd like a contact in NY, call me. I'll try to find someone for you. Good Luck. (310) 806-9237. --Phil

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Answered on 3/24/05, 10:46 am


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