What are the options for getting a bad check charge removed from your record?

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What are the options for getting a bad check charge removed from your record?

In 2003 I was charged with writing a bad check. It was not an intentional act however it was my error that resulted in the overdraft. I agreed to plead guilty to the misdemeanor charge in exchange for a 1 year conditional discharge. After talking to the DA (I had no lawyer) I was under the impression that if I got into no trouble for a year that no conviction would be entered (as it is in some other states). Upon coming back to NY I now find out that a conditional discharge is a conviction that is not sealed. Is there any way to get this reversed or reopened?

Asked on February 4, 2011 under Criminal Law, New York

Answers:

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

Answered 10 years ago | Contributor

You want to re-open the matter, correct?  Most states allow for what is known as expungement of an arrest record or conviction (depending on the type of conviction) but New York does not "expunge."  They seal records.  Not ever record is entitled to be sealed and sealed records are not "sealed" to certain agencies (such as law enforcement agencies).  In New York a proceeding has to be terminated "in your favor" in order for it to be sealed. Atermination in your favor means a dismissal of all charges, an order of acquittal, an order setting aside a verdict, an order invalidating the conviction or a situation where you were arrested but no charges were actually filed.  So you need an attorney here t make what is known as a 440 motion (a motion after conviction to overturn the conviction on some legal basis) if possible.  Get legal help.  Good luck.

Read more: How to Get a Criminal Record Expunged or Sealed in New York | eHow.com http://www.ehow.com/how_6611815_criminal-expunged-sealed-new-york.html#ixzz1DGlbG4dr


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