Legal Question in Criminal Law in New York

Hello,

I was arrested 2 years ago on charges of assault. In order not to face trial my attorney suggested me to take the plea and i was sentenced on 1 year probation and a violation.

I have accomplished everything that was asked by court. My question is how i can clean my records.

Arrest, Violation or whatever i can remove from being found.

Thank you


Asked on 6/30/11, 8:34 am

1 Answer from Attorneys

Richard Southard Law Office of Richard Southard

Probation of one year is a punishment associated with a B misdemeanor level offense. That is different than a violation and conditional discharge where you are instructed to stay out of trouble for a year. If you have been convicted of a crime, New York State has no expungement statute, meaning your criminal record is permanent, at least until such a time that New York State changes the law with respect to expungements. If you were convicted of a violation, you need to speak to your defense attorney as to whether the record was to be sealed after one year. Arrest records are never sealed in New York despite what defendants are told. the contents of the record may be sealed in certain situations but that is a different matter entirely.

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Answered on 7/11/11, 7:27 pm


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