Hi and thanks for writing.
Since you seem to already know that a record in NYS cannot be expunged, one is left with the option to seal said record. Unfortunately, one can only seal a record if it is a YO offense (youthful offender - committed while under the age of 17) or the case was dismissed or ACD'ed. Typically, if it is dismissed or ACD'ed, the case is sealed along with it, right there and then. To make sure, go purchase a Certificate of Disposition from the clerk of that court. On it, it will say if the case is dismissed and sealed, or just dismissed.
If it is dismissed and not sealed, you are likely out of luck. You can have the case put back on the calendar, make an appearance and ask the judge to have it sealed. I suppose this can be done. But it is unlikely. Worth a shot if it matters to you that much. That being said, "sealing" a record is entirely reliant on a court clerk. I have seen many "sealed" records completely open and visible to any record search. Humans aren't always perfect and do mess up. I have seen it many many times. So simply getting a record sealed is not a 100% guarantee that it will be.
Hope this helped and best of luck.
Evan H. Nass, Esq.
Answered on Feb 27th, 2013 at 3:30 PM