Legal Question in Criminal Law in New York

Misdemeanor Petit Larceny first offense

Two years ago I was caught adding additional hours to my time sheet. I was arrested and charged with misdemeanor petit larceny. I hired an attorney who charged me a fee of $2500. He reassured me that because this was my first offense and I have a good background he'd be able to have the charge dropped to a violation. Unfortunately my attorney was just out for the money b/c I was charged with a misdemeanor and ordered to pay restitution much more than what was I was accused of and I have to serve 3 years probation. I am a college graduate with a background in criminal justice which I know is very stupid. I made the mistake of committing this crime only to help pay for my mother's cancer medication- my mom is now decease due to cancer, and I am trying to gain head-of-household for our apartment that we've been living in for over 21 years. I am told b/c of this misdemeanor I may not be eligible to become head-of-household. I need to know if I can have this offense removed off my record or if I can have my record sealed? I was told that I can file an article 78 to remove the misdemeanor charge is that true?


Asked on 10/20/03, 7:29 pm

1 Answer from Attorneys

Re: Misdemeanor Petit Larceny first offense

You are in a difficult spot. I don't know what County you are in, but it seems to me that you got a bad deal if you plead guilty to a misdemeanor on a first arrest petit larceny. I do not think an Article 78 proceeding can help you. An Article 78 generally challenges a governmental decision, but is not applicable to this situation. You seek Article 23 relief which is Relief From Civil Disabilities. This may help you. You can also seek to have the records expunged but that is highly unlikely given that you were convicted.

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Answered on 10/21/03, 8:33 am


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