If I have been been convicted of a crime but was eligible for youthful offender status, couldyoube re-sentenced with a YO adjudication?

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If I have been been convicted of a crime but was eligible for youthful offender status, couldyoube re-sentenced with a YO adjudication?

I am currently 31 and have had no legal issues for 14 years. I was convicted of a felony at the age of 18 (burglary 3rd) and since then have earned a B.S and have earned credits towards my master’s. I have been a model citizen, but the criminal record has cost me many job opportunities. It was so long ago.I was eligible for a discretionary YO at the time, but was convicted. Is there anyway to be re-sentenced with a YO adjudication, and get it sealed? I have the relief of disabilities, but it doesn’t seem to matter. Is my only option a governor’s pardon.  Should Ispeak with a criminal law attorney?

Asked on October 25, 2010 under Criminal Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, I would definitely speak with a criminal defense attorney in your area on what you options would be now.  As for your wanting to have the matter re-opened and your sentencing re-done basically, that is not an option.  The Youth Offender adjudication can only be done at sentencing and not retro actively.  I think that your life in the past 17 years is an attestation of your rehabilitation and I think that you should try every avenue open to you, and especially a governor's pardon if that is the avenue you decide to take.  As for the aspect of being disabled, I do not know how that will play in to the picture.  Good luck.


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