QUESTION

Will my case be expunged when I turn 18?

Asked on Dec 15th, 2011 on Criminal Law - New York
More details to this question:
I am 16 years old and I have recently been charged with 2 counts of criminal tampering in the 2nd degree. This is my first offense. First in the state of New York. Will my record get erased once I turn 18? Also, I was wondering what are some possibilities that they could give me in court? Can I get an ACD or get the case expunged without a lawyer? Can colleges and jobs see I was convicted of this if I get expunged or put on ACD. Lastly I get straight As, play sports and do community service. Does that help in court?
Report Abuse

3 ANSWERS

Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
Update Your Profile
If you are given juvenile offender treatment then you won't end up with a record. There is no expungement in the State of New York. If's more that you haven't been in trouble before that will help rather than any of the things you mentioned. As for an ACD, an ACD is where your case gets adjourned, usually for a year but sometimes less. If you don't get into trouble while the case remains open, then on the adjourned date the case is automatically dismissed. You usually get offered only one of these and very rarely a second. But, penalties depend on a lot of factors, including age, criminal history, severity of the charges, amount of pecuniary loss involved, character and remorsefulness of the defendant, how egregious the facts are, was anyone injured, has the defendant cooperated on other prosecutions, etc. I can't offer an opinion without knowing all of the details.
Answered on Dec 19th, 2011 at 10:37 AM

Report Abuse
Criminal Defense Attorney serving New York, NY at Raiser & Kenniff, PC
Update Your Profile
These are serious offenses and you should not attempt to proceed without a lawyer. There are many possible dispositions including an ACD. Your background is always helpful in obtaining a favorable disposition. You are 16 and therefore you also qualify as a youthful offender. With a youthful offender disposition it is not considered a crime however your record would always be accessible as part of your RAP sheet.
Answered on Dec 19th, 2011 at 10:20 AM

Report Abuse
Commercial Attorney serving New York, NY at Aaron M. Goldsmith
Update Your Profile
First, NYS does not allow for expungment. Second, you are 16 years old and are likely eligible for "youthful offender" status, depending upon the severity of the offense. You need to find an experienced criminal defense attorney to get you the best deal possible.
Answered on Dec 16th, 2011 at 6:35 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters