QUESTION

In 2007 i was convicted of 2 felonies . My arrest was for grand larceny forgery and 84 bags of heroin. I served 5 years probation

Asked on Oct 22nd, 2012 on Expungements - New York
More details to this question:
At this time i was forging my own brothers personal checks. My parents had me arrested feeling they had no choice but to get me in rehab. It was my first offense, and it being a family issue with myself entering treatment we didn't believe I would end up a convicted felon. My question is about expungement. I was told by probation officers in the past that i should've got drug court or youthful offender status. I have been off probation over 2 years and got off probation in half the time for good behavior. With all this being said is expungement in my case possible? I have also filed for the certifcate of good conduct, and was told I would be contacted and have not heard anything. If someone could shed some light on my case I would appreciate it
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1 ANSWER

Automobile Accidents Attorney serving Chesterland, OH at Law Office of Simon W. Johnson
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First, you need to consult with an attorney licensed to practice in New York, which I am not.  I can only speak generally about a number of potential requirements.  Some states restrict you from getting something expunged if you have more than one conviction.  However, if both felonies came from the same arrest, some states will consider both convictions as expungeable because they came from the same set of circumstances.  Beyond that, usually a certain time period has to pass since getting off the probation period. This can be a year or longer.  Additionally, the state usually has the right to object to the expungement if they believe other circumstances would warrant against granting the expungement, i.e. if you had not shown satisfactory improvement or had other criminal issues.   Simon W. Johnson swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale, Avvo, Justia, LawGuru LinkedIn, Twitter, Facebook Serving Cleveland and Ohio, 44124
Answered on Oct 27th, 2012 at 1:46 PM

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