Legal Question in Criminal Law in New York

I was charged of a 2nd Degree Felony during 2002. I was 17 when initially arrested and turned 18 by the time the case ended in 12/02. The charge was reduced to a violation of disorderly conduct and was told my record would be sealed.

I was under the impression that I had no criminal history until I recently requested a letter of good conduct from the police department so I could renew my passport. The report read that I had a 1 felony charge (PL 130.30 01 DF) I was in total disbelief that all this time my record was not sealed.

I went and got a Certificate of Disposition from the Court and the most confusing part is that it read the following:

PL 130.30 01 DF

Dismissed and sealed under CPL Section 160.50

PL 130.60 00 AM

Reduced to FL 240.20 07 V

Disorderly Conduct

Pled Guilty

Fine = $150(Paid)

Conditional Discharge = 1 Year

Surcharge = $60 (Paid)

It clearly states that my record should be sealed and that I was found guilty of a violation of disorderly conduct.

Thinking back I had a hard time finding a job from 2002 - 2005 and believe it is related to this matter, which I thought was sealed. What can I possibly do to get this rectified and due to the Clerks office negligence is it possible to seek that the record/charge be expunged?

Thank you for your time


Asked on 2/09/11, 2:52 pm

1 Answer from Attorneys
Stuart Austin Austin Law Associates, PC

In Nassau they routinely seek a waiver of sealing on these types of cases. I would bet that is the discrepancy.

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Answered on 2/09/11, 3:22 pm


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