Can my disorderly conduct charge be dropped?

Asked over 3 years ago - Ithaca, NY

I was charged with Petit Larceny misdemeanor about a month ago. I have no criminal record, so when I went, they offered a fine, and a charge of disorderly conduct. I am assuming that it will still be considered a misdemeanor, but I am not sure. The judge also something about not getting arrested for a year for the same crime, ______ discharge? I don't remember. I pleaded guilty. Can this charge be dropped from my record if I stay clean for a year? Also, who can I call to verify what my final sentence was?

Attorney answers (4)

  1. George Peter Conway

    Contributor Level 17

    Answered . It sounds like you were charged with petit larceny which is a class A misdemeanor punishable by up to one year in jail, up to 3 years probation and/or a $1,000.00 fine plus a mandatory surcharge of $200 or $205 depending on the venue. It further sounds like you plead guility to the reduced charge of disorderly conduct which a violation [not a crime] punishable by a fine of $250, up to 15 days in jail and a mandatory surcharge of $120 or $125 depending on the venue. It further sounds like your disposition was conditioned on you not being rearrested within the next year. If so, then if you are rearrested in the next year the court could resentence you to up to 15 days in jail.Your record can not be expunged but it should be automatically sealed from most but not all potential viewers. You can confirm your disposition by ordering a certificate of disposition from the court which may cost you around $10.00. You should also pull a copy of your rap sheet after your conditional discharge has expired to confirm that the matter has been sealed.

  2. Liam Gorman Brenndon Murphy

    Contributor Level 11

    Answered . Mr. Conway accurately stated the various penalties.

    To get confirmation of what happened, call the Court Clerk. Since you are in Ithaca, it is likely the charge occurred either in Ithaca City Court or in Town of Lansing Court. Both of those courts have full time clerk's offices available during normal business hours.

    It is not likely there is any formal order in this matter. Both of those courts routinely give a "Conditional Discharge" from the bench. In a conditional discharge, you are required to avoid any other crime for up to a year: a traffic ticket will not violate a conditional discharge

    Since you pled guilty to a violation, the worst that could happen to you would be for the court to re-sentence you to the maximum on the violation - namely the 15 days in jail and/or the $250 fine.

    Note also that Disorderly Conduct is not considered a "crime" (a term reserved for misdemeanors and felonies) it is, rather, a violation. It is not "sealed" in any way - meaning that anyone can ask for a record of your conviction.

    Disclaimer: We are providing this general reaction to your question for discussion and informational purposes only. Our answer could change depending on the specific facts of your situation. This answer is not intended to be legal advice and providing this answer or your reading it does not create a lawyer-client relationship: we create such relationships only when there is signed a retainer agreement with this Firm.

  3. George Peter Conway

    Contributor Level 17

    Answered . There seems to be a difference of opinion on whether a disorderly conduct conviction can be sealed. I believe the disorderly conduct conviction gets sealed after three years pursuant to 160.50 or 160.55. For more information on the sealing of records, please see:

    http://www.hirenetwork.org/pdfs/NYS_Rap_Sheet_F...

  4. Charles Elwood Soechting Jr.

    Contributor Level 17

    Answered . The exact wording of your plea is very important. If you plead f
    guilty then the matter is disposed of and is on your record but you could be under a term of probation where you are to stay out of trouble. To get a copy of the plea, you can call your attorney if you had one and of not, then you can try calling the court clerk.

    Good luck

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