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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16378
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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If a person was arrested for agg harassment class A mis in

Customer Question

If a person was arrested for agg harassment class A mis in new york state the charge was reduced down to a town ordenice. can the case be Expunged


Steve
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
Hello Jacustomer,

The State of New York does not have an expungement law. If your offense is reduced a lesser misdemeanor or to a criminal violation and you wished to plead to it, however, you could ask the judge whether you he would also be willing to seal the record for you. On a low-level offense, if the prosecutor doesn't object it is often granted.
Customer: replied 2 years ago.
check new york state criminal procedure law section 160 they do have a law
Expert:  Zoey_ JD replied 2 years ago.
That's for a drug felony and up to three drug misdemeanors if you've completed Drug Treatment court or another court sponsored drug treatment program or the equivalent. It does not apply to any other type of case. The best you can get is to get your matter sealed.
Customer: replied 2 years ago.
I have been a police officer for 25 years I think it can be done
Customer: replied 2 years ago.
I think you are wrong please return my money
Expert:  Zoey_ JD replied 2 years ago.
Sorry,

I've been a NYC defense lawyer since 1989, and I know it can't be. The only exception is the relatively new drug felony law. All other matters have always been and have only ever been sealed.

ACDs are sealed. YO dispositions are sealed. Dis Cons can sometimes be sealed. But that's as good as it gets.

Look at this booklet on page 21. It will tell you that there's no expungement, but it would also explain that sealing would allow you to deny the conviction and would destroy records, etc. It's not the same as an expungement for all purposes but it operates the same under most circumstances.

You can get a refund, but I know that I'm not wrong.

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