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How do I expunge criminal charges in NY Criminal Records, Expungement

Discussion in 'Criminal Records, Expungement' started by AirManRic, Jan 20, 2004.

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  1. AirManRic

    AirManRic Law Topic Starter New Member

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    How do I expunge criminal charges in NY if the case was dismissed?

    Rich
    NY
     
  2. Wreakon

    Wreakon New Member

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    I dont know the laws in NY, but looking at the laws in Washington may be enlightening see "Misdemeanor expunge" thread.


    If the case was dismissed it is regarded on the record on your record as a "disposition adverse to you."

    **CORRECTION Jan. 26 **

    A disposition adverse to you is deffered judgement, a dismissed case is as good as finding you not guilty. My mistake.

    Again, in the record if you are found NOT GUILTY or the case is DISMISED you can expunge your CHRI (Law Enforcement Record) otherwise known as "rapsheet," because it is not a conviction.

    The record will stay in municipal/district or superior (where your trial/hearings where) court stating that the case was dismissed.

    **END CORRECTION**

    This is not a conviction, but a dissmissed case is still negative, implying a conviction; that is you were likely to be found guilty but the prosecutor gave you a chance to "make up for it" on the basis of:

    o Mental problems?
    o Inability to physically fullfill the punishment

    So basically a dismissed case is bad because it implies that either you are physically or mentally incapable, not quite since it is simply a mechanism to prevent everyone to going to trial, via the method of a "deffered judgement" and one other I forgot which exactly.

    In any case a dismissed case on record is often grouped with a conviction record and is to some extent regarded as a conviction record.

    What does this mean? This means its hard to get it off the record! If it is a misdemeanor you may be able to delete the "Law Enforcement Record", less luck with the District Court Record.

    For specifics in NY, I would do some reading about the laws concerning expungement, or talk to a lawyer.
     
    Last edited: Jan 26, 2004
  3. AirManRic

    AirManRic Law Topic Starter New Member

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    To Wreakon

    Hello Wreakon!

    Just wanted to thank you for your reply to my posting.

    AirManRic
    New York
     

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