I was charged with Falsifying Business Records class A misdemeanor. At arraignment my lawyer said the DA wanted a class B misdemeanor conviction and 5days CS. He said he cannot get the ACD but got the disorderly conduct violation. (CS was reduce to 2 days).
When does this actually get sealed? Is it one yr regardless or immediately? If I apply for work and medical trade school right now, what will my record say exactly?
But I keep reading online even though the record will be sealed... There are cases that it will pop up still for life. I do not understand, if a record is sealed, why will it still be visible? Is that a technicality? How do I check?
But when ask for job, I CAN say I have no criminal record. But for arrest... Do I say yes or no? Are BOTH sealed?
Under Conditions of Disposition, their is no restitution requirement. Does that mean I might get a CIVIL Demand Letter? Told no, but I still want to confirm. On Webcrims, it listed Petite Larceny and not Falsifying Business Records as listed on the DAT. The DA and my lawyer had an agreement, so I wasn't read charges, I accepted the D.C. But if the arrest (told to turn myself in) is not sealed. Will it say why I was arrested or just say "Arrested: 1"? I'm worried it will say: "Arrested due to Falsifying Business Records Misdemeanor Charge" or something in that nature. Do I need certificate of disposition, is that necessary? Same after I finish CS as proof of work done? Until it is sealed, will the Misdemeanor matter say pending, even though I'm finishing the CS req. tomorrow? Does that mean the Certificate of disposition will be needed for whatever time frame it takes for record to be sealed? Thanks.
Criminal Defense Attorney
For someone who has a lawyer, you have an awful lot of questions. Did you discuss these questions with your lawyer before you plead guilty? That was the time to ask them. I will try to address your questions: If you have to do community service, that means you received a Conditional Discharge and therefore the case does not seal for 1 year. During that time, a background check may show the arrest charge and what you plead guilty to. After that time, a background check by law enforcement or an educational institution (I think) will show the case and outcome. You do NOT have a criminal record as a result of this plea as disorderly conduct is a violation and not a crime. If you are asked if you have been arrested, the truthful answer is yes.
The above is for informational purposes only and not meant as legal advice.
First off, you should talk to your lawyer. I am not sure that I understand your question and he is in the best position to help you get what you want or to understand what you have done. Did you plea to a class B misdemeanor? If so, that will not be sealed and the arrest for falsifying business records will always appear on your record.
If it was a disorderly conduct violation, the arrest for the 240.20 misdemeanor will still show unless your attorney moves to seal it. However, you will always be able to claim that you have no criminal record. In New York, a violation is not a crime.