it my first offense petty larceny can i get it expunged?

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it my first offense petty larceny can i get it expunged?

Asked on June 18, 2009 under Criminal Law, New York

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The issue is whether you have3 been convicted yet. If you were convicted of a misdemeanor it cannot be expunged.  If you pled to a violation, it will normally be sealed unless you waived sealing as part of the deal. If you have not been convicted yet then you certainly have hope. Normally with a petit larceny charge if you have no record the DA in all likelihood may offer you an ACOD (Adjournment in contemplation of Dismissal) This means you behave for a period of time (usually 6 months) then the charge is dismissed and your record cleared and fingerprints and mugshots destroyed. You may have to do some community service to get this.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It depends on your state's requirements/conditions for expungement.  In New York, you may be eligible for expungement if you have been acquitted of the underlying offense, if you have a conviction it was reversed or vacated or you were pardoned.

 

Contact a criminal defense attorney at www.attorneypages.com and check his or her record at the New York State State Bar.  He or she will be able to walk you through the process if any of the above apply to you.


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