Legal Question in Criminal Law in New York
my son was incarcerated for two years for a white color crime, as a felony. he was at the bottom of the ladder when a number of people were arrested. They all got much long sentences. The law isnt black and white,,and yes he worked in this place, but did not finalize any deals, see any checks, or put any brochures in the mail. he had a script to read, and he did, as a naive 19 year old would do, to make his $250.00 a week. he has been out now, and cannot find a job. Nobody will hire, after they do a background check. he is depressed and his spirit is broken. He really is a nice, reserved, guy, but he feels hopeless. He does everything by the book, and stays out of trouble. Is there anyway that his felony could be pardonable? he still has restitution to pay, and will continue to do that.
I am a mother in pain, when i see my son so depressed. it was a stupid mistake that any 19 year might have made in his place.
thank you,
Jill
3 Answers from Attorneys
While it will not erase the crime, a certificate of relief from civil disabilities may open up some more doors (it will also allow him to vote) and give him more opportunities.
Good Luck
Unfortunately, in New York, a record cannot be expunged and pardons are rarely granted. It may be his only option is to reexamine the circumstances of his conviction and see if his constitutional rights were violated and possibly re-open the case. Even this is a long shot.
I agree with the other attorney. I would also inquire whether your son, being 19 at time of conviction , received youthful offender status at the time of his plea.. If so there may be a possibility of his record being sealed.
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