Criminal Law Questions? Ask a Criminal Lawyer.
Good afternoon. I'll be assisting you with your question.
OK thank you JD
New York permits arrests that resulted in no conviction to be sealed (Criminal Procedure Rule 160.50), but if you were convicted, New York law does not allow it (except for a few minor drug crimes).
So with it being reduced to a misdemeanor - it is still being displayed with the full details.
Under the law, since it resulted in a conviction (even for a reduced charge), so it can't be expunged or sealed.
Dang!!! So unless an application says have you ever been convicted of a crime I would have to say yes, unless it stipulated in the past 7 years - correct
Unfortunately, yes. If it makes you feel any better, New York law is consistent with most other states.
Not really - but thanks.
Thanks for your service, I wish my atty just told me this long time ago.
Sorry for the bad news.
Can I help you with something else?
Advising if there are any other options or any suggestions on what to do regarding this - most positions that I go after are in Finance, and I have worked in the industry for over 10years but my boss acknowledged my record, but I worked for him temp first so he didn't penalize me for it and hired me anyways. So if you have any other suggestions that would be helpful. Otherwise I may have another question(s) but its in family law, would you be able to assist in this area
The only other thing you can do is attempt to get a pardon. If you are granted a pardon, you can then seek an expungement.
As far as the family question, you need to post a new question since it isn't related to this subject matter.
Can I do something else for you?
The only other thing you can do is apply for a Certificate of Relief from Civil Disabilities. You do this through the Department of Parole. Once you get the certificate, employers cannot discriminate against you based on your conviction.
You can find the application here:
What do I do to get a pardon?
Thanks for the added references - as for the Certificate of Relief what would I do with that when I fill out the application - provide it as evidence of not being in trouble since then. what does it actually provide or do?
Other than that this is all I have for your service and appreciate your prompt attention to my questions
Instructions are included with the application, but once submitted and approved, employers cannot discriminate against you based on your prior record.
Below is information on the pardon process and where to apply, etc.
Final question - how is discrimination determined because once they see I've been arrested, how would the Certificate protect me from them not discriminating against me?
If they do discriminate against you based on your record, you can sue.
OK thank you again for all your service.
Glad to help. If I can't do anything else for you, please remember to "rate" my answer. Good luck.
Have a continued great day! Finally I got this resolved and have an official answer and process of next steps. Thanks again!
Will do - I'll give you a top rating