Asked on Jul 10th, 2021 on Criminal Law - New York
More details to this question:
I received an ACD for petit larceny back around the end of 2019 / beginning of 2020. Along with the usual "don't get arrested again" bit, part of the deal was to complete 20 hours of community service but for reasons including the unexpected arrival of the pandemic, I was unable to complete most of that requirement. I probably should have tried to contact the court about it but I really just had many other concerns at that time. So the question is: can I assume the case has been sealed by now since they're generally a little more lenient on college students, and mainly because it has been quite some time and I have stayed out of trouble all this time? Or if the answer is "it depends", how can I find out what happened to my case? But if the misdemeanor is unfortunately and without a doubt still on my record, how can I get it sealed, and ideally as quickly as possible? I really don't want to let a reckless mistake from when I was 18 ruin the rest of my life. Thanks in advance
It's possible that the DA may have allowed the case to seal without your compliance with the community service requirement, but it's also possible that they have not. You can try and check the Court system's website in the WebCriminal section to see if there is a future court date under your name, although that isn't always 100% accurate. You can also attempt contacting the Clerk of the Court's office to see if your case is currently still pending or has been sealed. With that being said, you should always be careful in speaking with the Court without the benefit of an attorney representing you. Your best bet in this type of situation is going to be to consult with a Criminal Defense Attorney who can reach out to the Court on your behalf and verify if the case has been sealed, or if it has not if they can arrange for you to complete your community service and still receive the benefit of the ACD. You should be aware that an adjournment in contemplation of dismissal is just that - an adjournment - and if you do not comply with the terms of that ACD your original Petit Larceny can be restored to the calendar and prosecuted.
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