Results 1 to 3 of 3
  1. #1
    Join Date
    Jul 2005
    Location
    nyc
    Posts
    2

    Default Felony expungement in New York

    i got a felony in 2000 in new york city for Obstruction of Justice, Hindering prosecution, and interfering with emeregency call. i won't get into details about how i got these charges. but as my name says, i was in the wrong place at the wrong time...at work in a night club... and blamed for what happened by the actual persons involved.
    i served no jail time or probation and the case went on for 2 years. basically, the assistant D.A. kept the charges eventhough they knew i was innocent in order to get information about the persons other activities. in return for my cooperation and if i stayed out of trouble, i would get no jail time. mind you, i never got into trouble before.
    anyway, i read the criminal procedure law section for ny state. but i still have some questions. it seems that now as i look for work, it is coming up in the background check. can i get these charges expunged or are they already sealed but have been made public before hand.
    i think i read on here that it can't be expunge. is that true. am i destined to have this on my record forever...or come up if someone does a background check.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,636

    Default New York Expungement Law

    New York law permits expungement of arrest records where the charge is resolved in favor of the arrested person:
    Quote Quoting NY Criminal Procedure Section 160.50
    1. Upon the termination of a criminal action or proceeding against a person in favor of such person, as defined in subdivision three of this section, unless the district attorney upon motion with not less than five days notice to such person or his or her attorney demonstrates to the satisfaction of the court that the interests of justice require otherwise, or the court on its own motion with not less than five days notice to such person or his or her attorney determines that the interests of justice require otherwise and states the reasons for such determination on the record, the record of such action or proceeding shall be sealed and the clerk of the court wherein such criminal action or proceeding was terminated shall immediately notify the commissioner of the division of criminal justice services and the heads of all appropriate police departments and other law enforcement agencies that the action has been terminated in favor of the accused, and unless the
    court has directed otherwise, that the record of such action or proceeding shall be sealed. ...
    There does not appear to be any similar procedure for sealing arrest records in the event of conviction, even on a lesser charge.

    Without knowing the full history of your case, it is hard to brainstorm about any possible alternatives; you may wish to discuss your situation with a New York criminal defense attorney, particularly one who handles expungements and post-verdict issues.

  3. #3
    Join Date
    Jul 2005
    Location
    nyc
    Posts
    2

    Default

    well after 2 years of court appearences b/c of the prosecution not having enough information, the presiding judge released me with time served. the reason for the 2 year time span was b/c the prosecution needed to get enough information about the other people in order to shut them down for good. it could have gone on longer if there were a different judge at the time.
    i was being used to provide information to the prosecuter and any other city agency so that they could be able to shut down the other people's business.
    in return for my cooperation, i would get no jail time and no probation.
    i was arrested and charged with both a misdemeanor and the above mentioned felony which was a crock os sh%t but it's too late now. the misdemeanor was dropped in a plea bargain deal and the felony stayed. i guess they couldn't keep me with the misdemeanor charge.
    i hope this give syou a little more info.

    1. Sponsored Links
       

Similar Threads

  1. Expungement and Sealing: Felony Expungement in New York
    By tonyduk in forum Criminal Records
    Replies: 2
    Last Post: 06-30-2009, 06:13 PM
  2. Expungement and Sealing: Felony Expungement in New York
    By Fedup61 in forum Criminal Records
    Replies: 1
    Last Post: 11-29-2008, 05:15 PM
  3. Expungement and Sealing: Felony Expungement In New York State
    By amipop7 in forum Criminal Records
    Replies: 2
    Last Post: 05-19-2008, 07:38 PM
  4. Expungement and Sealing: New York Felony Expungement Or Pardon
    By andykatt in forum Criminal Records
    Replies: 1
    Last Post: 02-14-2008, 06:40 AM
  5. Expungement and Sealing: Felony Expungement in New York
    By MIrish in forum Criminal Records
    Replies: 1
    Last Post: 09-17-2006, 07:43 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Criminal Defense Attorney
Protect your freedom. Consult a criminal defense lawyer for free.




Untitled Document