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LawTalk
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Category: Criminal Law
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Experience:  30 years legal experience
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Hello, I was convicted in NY for sale of controlled substance

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Hello, I was convicted in NY for sale of controlled substance in the 4th degree while I was in college in 2008. In 2009 a new law NY CPL 216 allows those who are convicted of this crime to have their records conditionally sealed. Since I plead guilty a year before the new law came about, does this mean I am not eligible for sealing of records?

Thank you for your time
Submitted: 5 years ago.
Category: Criminal Law
Expert:  LawTalk replied 5 years ago.
Good morning,

I'm sorry to hear of your dilemma.

Actually, NY CPL 216 only addresses definitions, and the operative section you are referring to is section 216.05. The pertinent part of that section as regards XXXXX XXXXX is as follows:
§ 216.05 Judicial diversion program; court procedures. 1. At any time after the arraignment of an eligible defendant, but prior to the entry of a plea of guilty or the commencement of trial,

Unfortunately, in order for this code section to affect you and your rights to have the conviction sealed, you would have had to have been accepted into, and completed, the Judicial Diversion Program.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so. I do work diligently to provide you with the correct Answer under the law, and because I have no control over what the law is, I ask you not to hold that against me.

It has been my pleasure to assist you, and it would be greatly appreciated if you would
click the green Accept icon so that I can receive credit for having answered your Question. Thank you in advance. Best regards,


Doug



I wish you the best in 2011.
Customer: replied 5 years ago.

Thanks Doug,

Is resentencing ever possible due to new laws coming about? Can I file for a motion for resentencing since a new law came about that could drastically change something here?

 

Thanks for your input and I will Accept your answer!

Expert:  LawTalk replied 5 years ago.
Good afternoon,

Re-sentencing will not be possible in your case. This is not just a sentencing issue, but rather a rehabilitation program for folks caught with drugs. It is not retroactive. Re-sentencing is only available to Class A-I and A-II felony drug convictions. I'm sorry.

Here is an article about the changes in sentencing over the past decade:

http://www.newyorkappellatelawyer.com/Appellate-Law/Re-Sentencing-Under-Rockefeller-Drug-Law-Reform-.aspx



I wish you well in your future, and thanks for agreeing to Accept. Much appreciated.

Please, remember that I only receive credit for helping you when you Accept my answer. Until then your payment is simply held by JustAnswer.com and not shared with me. So, please click the ACCEPT icon if my Answer has been informative, and helpful to your understanding of the law. Thanks again.

Doug

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