Legal Question in Criminal Law in New York

question on drug charge

In 1992, during college in NY my husband was charged with ''crim. sale control. sub. 5'' and served 5 years probation. He was caught with others in connection with a local sting on his fraternity house. This was his first and only crime.

Is this a felony conviction? If so, are there different degrees of felony convictions? What does this mean for his civil rights ie: voting, jury duty, gun ownership (not that we'd ever own a gun...)? Does this show up on his record? Is there any circumstance or time frame that this gets expunged?

My husband definitely made a mistake, but in my opinion he didn't seem to have decent legal representation at the time. He's now a professional, father of two awesome daughters and this event hangs over his head. I would love for him to be able to volunteer/coach at our daughter's schools, but he's terrified that he'll be ''found out'' as all volunteers need to fill out a CORI background check form.

I know nothing about criminal offenses and what this means 16 years later.

Any information, suggestions and/or advice will be much appreciated. Thank you, Joanna


Asked on 8/22/08, 2:56 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: question on drug charge

This is really a matter that you should post with a NY attorney. There may be a way to seal or expunge the matter. It would not usually show up on a Mass Cori.

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Answered on 8/22/08, 2:59 pm
NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: question on drug charge

What he was charged with is irrelevant. You must post what he was convicted of to be absolutely certain. A sentence of 5 years probation indicates it might have been for a felony possession conviction.

Criminal charges cannot be expunged in New York except by presidential pardon. The collateral consequences of a felony drug conviction are too numerous to itemize. You should consult with a reputable criminal defense attorney to learn what it all means to you and your family.

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Answered on 8/22/08, 3:51 pm


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