In New York State, can you have the records and case sealed for a B misdemeanor for larceny?

Asked about 2 months ago - Mineola, NY

I was convicted for larceny and sentenced to restitution and probation. I have paid the restitution off completely and have complied with probation. Is it possible to go back to court and have the records sealed or brought down to a violation since I paid the restitution off early? I was given 3 years and have done it in less than 1 year. Please let me know the possibilities of having the conviction now reduced or sealed in NYS - Nassau County. Thanks!

Attorney answers (4)

  1. Robert F. Schalk

    Contributor Level 10

    3

    Lawyers agree

    Answered . There is currently no criminal sealing or expungement laws in Ny. However, there are bills currently proposed to the state legislature that if passed could result in sealing/expungement becoming a reality. Watch the news in the coming months and if it passes contact a criminal defense lawyer.

  2. Howard A. Schwartz

    Contributor Level 19

    2

    Lawyers agree

    Answered . At the present time there is no vehicle to have a criminal record sealed unless u were given youthful offender treatment. There has been some discussion about changing the law. Good luck.

    This answer is only for informational purposes and is not meant as legal advice.
  3. John M. Cromwell

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . No. The only possibility would be to move to vacate the judgement under CPL 440 but the grounds for doing so are extremely limited.

  4. Richard C. Southard

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . The time to work out those conditions were prior to your pleading guilty. There are circumstances where your attorney can work out what's called a conditional plea, where the result gets better after you complete certain conditions. It is not available in every case and there is no way to know if your attorney could have gotten this or even tried to get it. However there is no way to negotiate this after the fact. Unfortunately, as other attorneys have stated, there is not expungement statute in NY but even if one is passed, it typically requires having stayed out of trouble for a period of time (I.e., ten years in New Jersey) before you can apply.

    I am a former Brooklyn Criminal Court Deputy Bureau Chief with over 17 years experience specializing in handling... more

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