Legal Question in Criminal Law in New York

Expunge a violation record?

so i have a violation record and its disposition is 160.55.

my question is:

1)is it AUTOMATICALLY sealed after one year or do i need to file some application to seal it?

2) is it possible to EXPUNGE a violation record disposition of 160.55? if so, how?

3) is any disposition of 160.55 accssible to anyone as part of the public court record? like if anyone want to view this disposition they can do it in court clerk's office etc.?

4) is it possible to expunge the arrest record and fingerprint of it? if so, how?

5) would it effect me in the future if i want to be admitted into the NY state BAR association?

thanks.


Asked on 5/30/08, 1:18 pm

1 Answer from Attorneys
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Expunge a violation record?

you ca not expunge a criminal record in NY. If it is sealed it is done so automatically, and by the COurt so there is no need to pay anyone to help you do that.

your best bet being that the situation is what it is is to go to the clerks office for the court where the case was heard and get a letter of disposition, the fee is $10 (bring exact change, and cash).

A violation will not keep you from being admitted to the Bar association, lest the crime is specificaly one for moral turpitude (which god knows wht that really means) but overall save the letter of disposition, when applying to the Bar admit you had this issue ALWAYS ADMIT to previous arrests, and then simply send in a copy of the letter of disposition...

if anyone went searching for your case thye would not be permitted access to the file... first of all the public is only allowed very limited access to files anyway (complaints and that is about it)- but on sealed records even those are not permitted to be open by the general public... BUT the record of this previous conviction will still show up on your rap sheet, and will show up as sealed, if you are re-arrested in the future... so this will still be a blotch... outside of that it should not show up on anything else at all, so no real reason to worry...

MUCH LUCK...

if you have any further questions you can feel free to contact my office at 212.709.8303

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Answered on 5/30/08, 1:52 pm


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