Can I have the booking information removed so that there is no record of an arrest?
Asked on Nov 15th, 2011 on Criminal Law - New York
More details to this question:
I was charged with Felony Grand Larceny and Identity Theft (misdemeanor). The judge's decision was to give me an ACD after reducing the Grand Larceny to Petit Theft. The DA agreed because the judge would not accept a plea due to my lack of criminal record, restitution paid to the victim and stellar military record. I know that the matter will be sealed after six months and no conviction or charge will show up, but can I also have the booking information removed from the jail so there is no record of this arrest at all?
If the Court had no objection to a seal order after 6 months, all arrest records should also be sealed and/or destroyed pursuant to CPL 160.50. Although this is automatic, you may want to request an attorney to prepare the seal order for the judge's signature and forward it to the police department/jail that has the record, just to make sure this occurs.
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