Legal Question in Criminal Law in New York

Summons, ACOD, Court Ordered Expungement

When i was in college i was accused of taking a key that belonged to them, which i did not do. Public safety knocked on my dorm room door, came in asked me questions, searched all of my stuff, me and my car, took me down to the ''headquarters'' not in handcuffs. Never told me i was under arrest and continued to question me. Got no where, obviouslly never found me in posession of the key, expelled me from school and sent me on my way. Then i got a summons in the mail from a city court saying i was charged with pettit larceny by this college. I got a lawyer paid restitution and got a 6 month ACOD, which has passed. Will this be on my record? I was 20 years old at the time. Can i get it expunged. Was this even a legal ''arrest'' i never was fingerprinted, booked. I dont know what to do! The officer even wrote on the court report, defendent was never merandized during questioning. They had told the court they had a couple students that would testify they seen me use this key on a dorm room door other than mine at a party. It was a bunch of bunk, but they made my life hell. My lawyer advised plea vs. trial. Please help.


Asked on 7/07/06, 11:12 pm

1 Answer from Attorneys

Re: Summons, ACOD, Court Ordered Expungement

Once the 6 month ACOD period expired the case should have been dismissed and the records sealed. The arrest should not turn up in a background check. New York does not have expungment -- there is no statute authorizing it. Judges on occassion will order it but the Department of Criminal Justice Services ignore the orders because, as I stated, there is no statutory authority. In any event, you do not need expungement because your case should have been disissed and sealed 6 months after the ACOD.

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Answered on 7/08/06, 8:12 am


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