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TJ, Esq.
TJ, Esq., Attorney
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Facts Someone is (a) arrested with a Desk Appearance Ticket,

Customer Question

Facts: Someone is (a) arrested with a Desk Appearance Ticket, (b) convicted of a violation under Penal Law Section 240.20 (disorderly conduct), (c) pays a $95 fine and attends a one hour class, and (d) receives a one year Conditional Charge at the end of which the record is supposed to disappear. How do you check to see if there is any record of this after the the one year period?
Submitted: 3 years ago.
Category: Legal
Expert:  TJ, Esq. replied 3 years ago.
Hello and thank you for allowing me the opportunity to assist you.

The person can visit the court clerk to view his criminal record. If it's still there available to the public, then he'll know that it wasn't sealed or expunged.

Have I satisfactorily addressed your concerns? If not, then feel free to let me know, as I will be happy to clarify my answer or help with your follow-up questions. In the meantime, please remember to click the green accept button so that I will receive credit and compensation for my time (doing so does not end our session). Positive feedback is always appreciated as well. Thank you and good luck!
Customer: replied 3 years ago.
Can just anyone go down to criminal court and ask to see someone else's criminal record? Is there any way of checking by computer? And if the violation is expunged, is the arrest record supposed to be expunged also?
Expert:  TJ, Esq. replied 3 years ago.
Hi again.

Yes, anybody can view someone's criminal record. It's all public information. That's how the press gets all of its information about celebrities like OJ, Lindsey Lohan, etc., when they're arrested and convicted.

Some courts do have information online. You can check out THIS WEBSITE. As an aside, you can also pay for a criminal background check on yourself, as that will list what other people see about you when they do the same.

If the entire violation is expunged, then that should include the arrest as well (showing the arrest would defeat the purpose of expunging the conviction since people would see the arrest and make assumptions).

I hope that helps. Please remember to click "accept."
Customer: replied 3 years ago.
The eCourts website only deals with pending cases. I've already paid several websites to check for criminal records and they have come up with nothing. So all anyone has to do is go to the clerk of the court and ask to see the criminal record of someone else and he gets it right away? If there's nothing there, that means it is gone from everywhere?
Expert:  TJ, Esq. replied 3 years ago.
Hi again.

If the eCourts website doesn't have your case, then your record probably cannot be found online.

As for the criminal records and visiting the court clerk, the answer is yes. Anybody can visit the court clerk and ask to see anybody's criminal file (or the file for almost any other type of lawsuit as well ... divorce, civil cases, etc.). It's all public record. Such records are kept at the courts where the cases took place. So, if it's not at that court, it won't be anywhere else.

I hope that helps. Please remember to click "accept."
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 9762
Experience: Licensed to Practice Law
TJ, Esq. and 18 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
Thank you very much for your help. It's not actually my case. It's someone I care a great deal about so I am going to go down there and see what I can find out. I just don't want things floating around. If I have any further questions, how do I get back to you?
Expert:  TJ, Esq. replied 3 years ago.
Hi again.

You can get back to me by posting back here. Or, you can post a new question, and put my name in the subject field. Something like "This question is for TJG, Esq.."

Good luck at getting this all resolved favorably for your friend!

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