Legal Question in Criminal Law in New York
Expunge
Hello,
I plead guilty to petty-theft in 1994. I've since graduated from college in the town in which I was processed, moved to NYC and completed a Masters degree in 1999, got married in August 2001, and basically lead a pristine life since the incident.
Recently, the incident was a topic of concern for me as a background check is underway for a new position I've recently accepted.
What can I do to have the incident expunged from my record?
Thank you
2 Answers from Attorneys
Re: Expunge
You need to hire an attorney to get the matter expunged from your criminal case history. This is not a very difficult, but you do need to find someone specializing in criminal law.
If you have more question please call me at 201-646-9600.
Re: Expunge
It seems to take a long while between when you submit your question and when it gets "circulated" for answers.
What you need to be conscious of is 'terminology'.
Thinking in terms of "expungement" will not help you understand the situation.
Unless you were eligible for & received treatment as a "youthful offender" {were you less than 19?} this event & the record of it will remain On Record.
One step you might explore would be to seek what is known as a "Certificate of Relief from Civil Disabilities".
As a practical matter, for reasons a bit too arcane to explore here, the most immediate benefit of obtaining such a "certificate" may be nothing greater than being able to demonstrate that you've gone back before the court & someone has "double-checked" and made certain findings about the nature & extent of your record.
Put otherwise, such a "certificate" may not, in and of itself, necessarily insulate you from any negative consequences of your prior record - - but it may demonstrate that you were willing to and went to the trouble to further document your prior record {ergo, the theory would go, demonstrating a certain "i have nothing to hide" attitude one might hope others would find commendable}.
It will likely come as no surprise if I mention that obtaining such a "certificate" is cumbersome - - entails an annoying amount of paperwork {& the whole thing is a bit "ancient history" - - clerks / courts are far from familiar with the procedure as a 'routine' event}.
Good luck.
Regards, etc.,
J.M. Hayes
>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<
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