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  1. #1
    Join Date
    Aug 2010
    Posts
    2

    Default Expunge in New York for a Violation (Shplifting)

    My question involves expungements or pardons for the state of: NY.

    Does anyone know where I can obtain the forms to expunge? And how much it might cost? I am graduating nursing school and I want to get my violation expunged before I apply for a job. Thank you.

  2. #2
    Join Date
    Nov 2007
    Posts
    1,242

    Default Re: Expunge in New York for a Violation (Shplifting)

    Unless the case was straight out dismissed,then expungement is not avabile in ny. If you got an acd it will expunge the record,if you plead guitly to a volation or got it reduced to one then it will be somewhat sealed due to cpl 160.55 . If the charge was a misdeamanor then your probably stuck ,you can look at the other thread in the forum. Their a thread about a sealing bill that may pass in ny for misdeamanors.

  3. #3
    Join Date
    Aug 2010
    Posts
    2

    Default Re: Expunge in New York for a Violation (Shplifting)

    it was just a violation and i did plead guilty. i just got 2 days community service. what is an acd? well, this sucks.
    the thing is, if i am applying to a hospital and they feel like doing a background check, it will come up that i have been arrested, right?
    so it will be at their digression if they want to hire me or not

  4. #4
    Join Date
    Dec 2008
    Posts
    239

    Default Re: Expunge in New York for a Violation (Shplifting)

    if they do a background check and find out you were indeed arrested it is illegal to hold that against you. in fact no employment application in new york other than law enforcement can ask if you have ever been arrested. a violation is the same as a traffic ticket. means nothing. confirm with the court if it was a violation or misdemeanor.

  5. #5
    Join Date
    Nov 2007
    Posts
    1,242

    Default Re: Expunge in New York for a Violation (Shplifting)

    An acd basically stops the process then if you stay out of trouble for 6 months dismiss the case and then expunges it. I would do like equality said to make sure it was a violation and not a misdemeanor. If the charge was just a non criminal infraction then it should be somewhat sealed. An arrest can pop up on background check in new york their always a chance nothing is 100 percent. Ask the court clerk for the disposition and save the paper and answer the question honestly,it may cost about 5-15 dollars . If it was only a violation then it may not come up in a back round check.

    The question is normally have you been convicted of a crime or ask about misdemeanor or felonies,sometimes it ask about any offense. Hopefully it is a violation and you can answer no with out lying. Petty larceny or shoplifting sounds like a misdemeanor unless it was reduced to a different charge.

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