Legal Question in Criminal Law in New York

interpretation of a certificate of disposition

one the official certificate of disposition,

1)''SEALED AFTER CONVICTION''--does that mean it is really sealed immediately after i paid the fine, OR i have to wait 1 YEAR later?

2) 'CONDITIONAL DISCHARGE''---what does that exactly mean? and is it different from unconditional discharge. i mean, what exact is THE CONDITION and what consequences does a conditional discharge bring whereas an unconditional discharge doesn't?

thanks


Asked on 6/05/08, 7:03 pm

1 Answer from Attorneys

Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: interpretation of a certificate of disposition

1. Your Police and District attorney files are sealed upon fine payment. The court should also be asked to order its own file sealed.

2. A Conditional discharge is a year of unsupervised probation. You don't have to report but if you screw up, you can go to jail for up to the same amount you could have gotten had the judge maxed you out on the plea you took. A copy of the conditions should have been provided you by the court clerk. If you didn't get them go back and ask for a copy and follow the directives.

An unconditional discharge has no conditions and basically does not function as a probationary sentence at all.

Good luck.

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Answered on 6/06/08, 1:04 am


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