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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26830
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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The Problem: Today I called to the court house to get a

Customer Question

The Problem:
Today I called to the court house to get a transcript of a criminal hearing against my ex who stole something from me valued over $3,500. I was told that the case has been sealed. I never got any information from the DA that handled the case. No dates to attend the hearing which I believe I am entitles to. He never returned any of my calls. Now a new DA has the files and said it was closed (ACD adjournment contemplating dismissal. Nunc Pro Tunc)Questions:
1. How can I get these file opened?
2. Do I have rights to know about this case?
3. If so where and how can I assert those rights as the victim.
4. How do I find out what she plead.Please advise.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Expert:  Zoey_ JD replied 1 year ago.

And a CD

Customer: replied 1 year ago.
Customer: replied 1 year ago.
CD?
Expert:  Zoey_ JD replied 1 year ago.

An ACD is not a conviction. It is a dismissal. The defendant never took a plea. Once the statutory period has passed, an ACD is strictly sealed. All records of the case are expunged.

DCJS would keep a copy of the court papers, which can only be unsealed and obtained by a court order.

Customer: replied 1 year ago.
What is the usual statutory time. The case was closed 15th of May., 2016
Customer: replied 1 year ago.
I was told this since May 30th.
Expert:  Zoey_ JD replied 1 year ago.

If this was a domestic violence case, the case was sealed by operation of law one year after the granting of the ACD. If this was not domestic in nature but simply a theft, the case was sealed by operation of law 6 months after the granting of the ACD.

By "operation of law" I mean that the sealing happens automatically, so long as the defendant doesn't get rearrested during the statutory period for a new offense. He doesn't have to return to court a year (or 6 months) later in order to get the dismissal and the sealing.

Expert:  Zoey_ JD replied 1 year ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.