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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 19881
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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I had a misdemeanor in 1987 in New York and had to pay restitution am I eligible to have m

Customer Question

I had a misdemeanor in 1987 in New York and had to pay restitution am I eligible to have my record sealed
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Marsha411JD replied 1 year ago.
Hello,
Thank you or your question, however, I will need to know what crime you were convicted of a confirm that this was a conviction and not a dismissal. Also, how old were you when you were convicted?
Customer: replied 1 year ago.
I am not sure what category it fell under I was working for a bank at the time and I misused a customer's funds without their consent I admitted to the charges and there was no prison time but I had to repay the monies as restitution
the restitution was completed in early 1990
Hope that helps
thank you
Customer: replied 1 year ago.
I do not have any other records
Expert:  Marsha411JD replied 1 year ago.
Thank you for your partial reply. I don't see where you responded to my question about how old you were or whether or not this was a conviction or there was a dismissal of the charge after restitution. However, I will go ahead and answer based on some assumptions.
Assuming you were 19 years old or older and also assuming that this was a conviction and not later dismissed by the State, the misdemeanor conviction cannot be sealed. There are only very narrow circumstances when a misdemeanor conviction in NY can be sealed. One is for a youthful offender, another is minor marijuana possession, and the other is when the case was dropped, vacated, dismissed or set aside. Finally, noncriminal findings of guilty, such as most traffic infractions and some disorderly conduct charges, can be sealed because they are not misdemeanors.
The following link provides a summary of the law in NY as it relates to sealing records: http://statelaws.findlaw.com/new-york-law/how-to-expunge-a-criminal-record-in-new-york.html
Please feel free to ask for clarification. I would be glad to assist you further if I can.
Customer: replied 1 year ago.
I was 31 when convicted is it possible to have it sealed instead
Expert:  Marsha411JD replied 1 year ago.
I'm sorry if my response wasn't clear, what I was discussing was the eligibility for having a charge sealed. So, no, this cannot be sealed if it was a misdemeanor conviction, as discussed in my initial response. Again, you can read a summary of the law (as to sealing) at the link I provided.

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