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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23578
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have a 40 year old misdemeanor offense from Ulster County,

Customer Question

I have a 40 year old misdemeanor offense from Ulster County, NY, for possession of one joint of marijuana. I had thought this was sealed, but when I just renewed my FBI fingerprints for the state of Pennsylvania, where I reside and work, it turned right back up again like a bad penny. Please advise: what do I need to do in order to either seal or expunge this 40 year old charge. I am in education, and would want this off my record. Please advise. I an be reached at***@******.*** or at (717) 319-xxxx. I look forward to your speedy response. Thank! Jess
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

New York doesn't seal misdemeanor or felony convictions. They will seal a marijuana matter if you asked the judge for an ACD or if you pled to possession of marijuana as a violation (PL section 221.05) and not to the B misdemeanor (PL 221.10). But if you did plead to the misdemeanor, it will remain on your record for the rest of your life.

What you can do, if this is important to you, is to retain a criminal lawyer and get him to reopen your old case by filing a motion to dismiss your case in the interest of justice. If the judge grants the dismissal, then the matter will seal by operation of law.

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