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  1. #1
    Join Date
    Apr 2017
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    Default How to Get a Criminal Conviction Vacated in New York

    My question involves criminal records for the state of: New York
    I was arrested 31 years ago on a charge of Grand larceny in the 4th degree PL155.30 and it was pled down to PL110.25 Attempted Petit Larceny. I served no jail time was given

    a conditional discharge. I paid the restitution and I made sure I have never been arrested for any other crimes sinces. What are my chances of getting this case vacated?

  2. #2
    Join Date
    Sep 2010
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    19,685

    Default Re: How Can I Get a 31 Year Old Petit Larceny Case Vacated

    I suspect you have your section numbers wrong there. Petit larceny is 155.25 and attempt sentencing is coverded under 110.05.

    There's really no chance of vacating a judgment just because you've been good since. There has to be some procedural error in the initial conviction.
    There's no sealing available for this type of conviction either, apparently.

  3. #3
    Join Date
    Oct 2014
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    7,958

    Default Re: How Can I Get a 31 Year Old Petit Larceny Case Vacated

    Quote Quoting flyingron
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    I suspect you have your section numbers wrong there. Petit larceny is 155.25 and attempt sentencing is coverded under 110.05.
    I have not done the legislative history research to confirm, but I will offer another possibility: that the OP is correct as to the section numbers as they existed 31 years ago. It is quite possible that amendments to the NY Penal Law since then resulted in changing the statutory scheme such that things got reordered and section numbers were changed.

  4. #4
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    Apr 2017
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    Default Re: How Can I Get a 31 Year Old Petit Larceny Case Vacated

    It was 31 years ago.

    I am unsure that finding a procedural error may not be possible after I found out that the court records are no longer available. Which I find hard to believe they must be there some place in storage. Can anyone confirm that from experience? How can I verify a procedural error if the case files are missing?

  5. #5
    Join Date
    Sep 2005
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    Default Re: How Can I Get a 31 Year Old Petit Larceny Case Vacated

    Your state does not offer much relief to defendants following criminal charges. You presumably know about certificates of good conduct and rehabilitation. Even a pardon won't do you any good, as you would not be requesting relief based on factual innocence -- it would not remove the disposition.

    The age of the case and lack of records presents another complication. It is actually not unusual these days for records that old to be purged, with only a limited amount of information about the case retained by the court.

    Sometimes a local lawyer can find a way to finesse a favorable disposition, with the help of a sympathetic prosecutor, but that's not something we can promise nor is it something you're going to find supported by statutes or case law. With your case already having been dismissed, I think it's a long shot (it would be under any circumstances), but I'm not seeing other options.

  6. #6
    Join Date
    Apr 2017
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    3

    Default Re: How Can I Get a 31 Year Old Petit Larceny Case Vacated

    I read 110.05 and I cannot make heads or tails if it. Can you please bring some clarity to it in relationship to 155.25

  7. #7
    Join Date
    Oct 2016
    Posts
    1,126

    Default Re: How Can I Get a 31 Year Old Petit Larceny Case Vacated

    Quote Quoting Barton
    View Post
    I read 110.05 and I cannot make heads or tails if it. Can you please bring some clarity to it in relationship to 155.25
    No. You've already been told you cannot "vacate" your conviction.

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