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I had a misdemeanor in 1987 in New York and had to pay restitution am I eligible to have m…

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I had a misdemeanor in...
I had a misdemeanor in 1987 in New York and had to pay restitution am I eligible to have my record sealed
Submitted: 2 years ago.Category: Criminal Law
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Answered in 6 minutes by:
6/2/2015
Criminal Lawyer: Marsha411JD, Lawyer replied 2 years ago
Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20,820
Experience: Licensed attorney with 29 yrs. exp. in criminal law
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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?
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Customer reply replied 2 years 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 reply replied 2 years ago
I do not have any other records
Criminal Lawyer: Marsha411JD, Lawyer replied 2 years 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.
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Customer reply replied 2 years ago
I was 31 when convicted is it possible to have it sealed instead
Criminal Lawyer: Marsha411JD, Lawyer replied 2 years 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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