QUESTION

What are my ways to get my charges be expunged from my records?

Asked on Oct 07th, 2013 on Criminal Law - New York
More details to this question:
Had issues with opiates in my past. I’ve been clean for nearly 2 years. Over dosed 2 Christmas ago. So paramedics were called. Along with police, I was later charged with possession of a controlled substance. In the 7th degree, I was placed on 3 years probation. Served half my term. Being released early due to good behavior. Wondering on how to get this charge expunged from my records. My dream is to become a New York state trooper. Taking the exam on the 19th. So please any advice.
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5 ANSWERS

John J. Carney
New York does not allow expungment of criminal convictions. The State Troopers may not allow you to become a member based on your drug conviction.
Answered on Oct 09th, 2013 at 5:49 PM

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Thomas Edward Gates
You need to petition the court to expunge your record. You can find the necessary form online.
Answered on Oct 08th, 2013 at 2:19 PM

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You need to have successfully completed the entire term of probation, have nothing criminal pending, and not be on probation for any other offense(s). Contact a lawyer to file the petition for expungement on your behalf.
Answered on Oct 08th, 2013 at 1:06 PM

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California's expungement law permits someone convicted of a crime to file a Petition for Dismissal with the court to re-open the case, set aside the plea, and dismisses the case. In order for one to qualify for expungement, the petitioner must have completed probation, paid all fines and restitution, not served a sentence in state prison for the offense, and not currently charged with a crime. If the requirements are met for eligibility, a court may grant the petition if it finds that it would be in the interest of justice to do so. A successful expungement will not erase the criminal record, but rather the finding of guilt will be changed to a dismissal. The petitioner then can honestly and legally answer a question about their criminal history, with some exceptions, that they have not been convicted of that crime. What is actually stated on a record is that the case was dismissed after conviction. It never erases the record, and still states one was charged and convicted along with how much time was served. If the petitioner is later convicted of the same crime again, then the expungement will be reversed. Exceptions, where disclosure is required, are set out in the statute: "the order does not relieve him or she of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery." This means that if applying for public office, seeking any license from the state (real estate, stock broker, doctor, lawyer, etc.), or contracting with the California State Lottery, the conviction must be disclosed (although it can be disclosed as an expunged conviction). It is worth noting that applications to become a Peace Officer, while not mentioned in the statute, typically require disclosure of expunged convictions. It is also worth noting that with computers, internet, and the free-flow of information, that a carefully worded disclosure may be the best way to proceed, even if disclosure is not required under the statute.
Answered on Oct 08th, 2013 at 12:09 PM

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Personal Injury Attorney serving New York, NY at Rothstein Law PLLC
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New York does not expunge. In any event, if you plead guilty to CPCS in the 7th degree that is a crime and criminal records don't get sealed. The best you can do is seek a Certificate of Relief From Civil Disabilities.
Answered on Oct 08th, 2013 at 10:44 AM

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