Legal Question in Criminal Law in New York

My question involves criminal law for the state of: New York

I started abusing drugs in 2008.

In 2009, I was arrested for grand larceny. I was convicted of petit larceny. No ACD.

- probation completed

- restitution paid

- community service served

In 2011, I was arrested for grand larceny. I was convicted of criminal possession of stolen property. No ACD.

- probation completed

- restitution paid

- community service served

Later in 2011, I went to drug rehab (not court appointed) and completed a drug treatment program. Since then I have gotten my bachelors degree and have been clean from drugs and have stayed out of trouble. I have been offered several jobs from top companies in my field but cannot land a job due to my criminal record.

My questions is: What should I do to get these misdemeanors removed from my record?

So far I have requested a pardon from the governor. (long shot)

Should I hire a criminal defense attorney to vacate the judgement? I feel that I was misrepresented by my past attorney. I should have been placed on drug court. (I was not honest with my attorney about my drug abuse) Could there be possible outcomes to get my record clean? ACD? Drug court?

http://codes.lp.findlaw.com/nycode/CPL/TWO/M/440/440.10

Thanks in advance for your replies.


Asked on 1/13/14, 11:02 am

1 Answer from Attorneys

Richard Sweeney Richard F. Sweeney, Esq.

There is no expungement of adult criminal records. The best you can do is a Certificate of Relief from Disabilities, Correction Law Section 701. It won't make your prior convictions go away, but it does tend to show that a defendant has been rehabilitated, and at least government employers should pay attention to it.

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Answered on 1/13/14, 11:22 am


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