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  1. #1
    Join Date
    Apr 2011
    Posts
    1

    Default Reducing Felony to Misdemeanor

    My question involves criminal records for the state of: New York

    if a person is convicted of a felony, has completed their sentence (probation, restitution and community service), is it possible to have the felony reduced to a misdemenor so it does not keep a person from getting a job?

  2. #2
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Reducing Felony to Misdemeanor

    No, you need to think before you commit an act that will haunt you the rest of your life.

    Read below, there are very few felony's that NY will expunge, and if you had paid restitution, I don't think you fall under any of the categories.

    http://en.wikipedia.org/wiki/Expungement

    Criminal Procedure Law 160.50 permits the "sealing" of cases where charges were dismissed, vacated, set-aside, not filed, or otherwise terminated. Otherwise, New York does not allow expungements, or "sealings," of cases where a conviction was entered, except for some older controlled substance, marijuana, and loitering offenses. Sealing a record under 160.50 will prevent the public from having access or seeing the records, including fingerprint cards, photographs, court entries, and other information related to the case. The record may still be made available to some entities, such as courts and law enforcement.
    New York also permits the expungements of non-criminal dispositions (violations and traffic infractions, such as disorderly conduct through New York Criminal Procedure Law 160.55. Misdemeanor and felony adjudications are not eligible.

    Effective 2009, New York Criminal Procedure § 160.58, an petitioner convicted of most felony drug, marijuana, or Willard non-drug eligible crimes may request to have their records for those crimes sealed if they successfully complete DIVERSION, DTAP, or a similar substance abuse treatment program recognized by the court. The sealing will also extend to up to three of the petitioners misdemeanor drug convictions.

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