As of the drafting of this blog entry, if you asked any New York expungement or sealing lawyer whether or not the legislature or the courts have a mechanism, law or process to either expunge or seal criminal convictions and criminal records, the quick and easy answer would be “no.”…
Articles Posted in Criminal Defense
Am I Eligible to Have My Criminal Conviction Sealed or Expunged in New York: Criminal Procedure Law 160.59
Can I get my misdemeanor conviction sealed from years ago? Can I get my criminal record for a felony expunged? Fortunately, within reason, both New York sealing attorneys and criminal lawyers familiar with expungement rules in New York can now tell those who have paid their dues to society for…
Sealing Your New York Criminal Conviction: NY Crim. Pro. Law 160.59 and Criminal Record Sealing
The old adage of “no news is good news” does not hold water when it comes to New York’s arcane and outdated criminal record expungement and sealing laws. Much to the frustration of many criminal defense attorneys who have witnessed firsthand good people getting caught up in the criminal justice…
NYC Administrative Code 19-190: Is New York City’s “Right of Way” and “Failure to Yield” Law Constitutional
New York City has good reason to enact laws to protect is residents, commuters and tourists. On any given day there are millions of people walking the streets and thousands of cars driving up and down the avenues. However, merely because the intent of the City Council is genuine does…
If My Criminal Case Was Dismissed Can the Record be Expunged and Fingerprints Removed: Purging Your Arrest Record in NY
My case was dismissed in New York criminal court. Does that mean the record is expunged? I received an Adjournment in Contemplation of Dismissal (ACD), is that also considered an actual dismissal? What happens to my criminal record? What about my fingerprints? Even though I was charged with a crime,…
Chancellor’s Regulation C-105: Teachers and Other DOE Employee Arrests in New York City
Whether you are a high school teacher, elementary school nurse, administrative staff or a paraprofessional, if you are employed by the New York City Department of Education (DOE) an arrest and prosecution raises numerous flags in both the criminal court and with the City of New York. Simply, any arrest…
Resisting Arrest and Obstructing Governmental Administration Dismissed: Failure of NY PL 195.05 Leads to Dismissal of NY PL 205.30
Challenging the legal or facial sufficiency of a complaint against an accused is a common if not routine motion made by criminal defense lawyers. When a prosecutor proceeds on a complaint it becomes was is termed an information. The information must be legally sufficient to provide for the elements of…
Failure to Appear on a Misdemeanor Court Date: Bench Warrants and Bail Jumping
Most people know to listen to a judge. After all, he or she has the ability to change the trajectory of your life whether you are involved in a civil case or you have been arrested for any number of crimes outlined in the New York Penal Law. In the…
What Types of Statements on Their Face Are Sufficient Threats for the Purpose of Second Degree Aggravated Harassment, PL 240.30(1)(b)
Whether its in the context of a Domestic Violence case with a former partner or lover or a co-worker in Manhattan, Queens or Brooklyn, those nasty, threatening or plain ugly and uninvited texts, emails or phone calls may be more than a mere annoyance. In fact, depending on the conduct,…
Agriculture and Markets Law 353: Intent, Knowledge and Animal Abuse in New York State
Certain crimes, whether ultimately proven by prosecutors beyond a reasonable doubt or successfully defended by New York criminal defense attorneys before or during trial, have a significant stigma associated with them. Crimes involving children rank high on this list of offenses, but those involving animals are not that far behind.…