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Based on this article... Can my discon be expunged?

New York, NY |

Charge with a misdemeanor relating to theft that ended in Discon. Suppose to be sealed soon. Based on this article:

Since the misdemeanor ended in Discon... does that mean it can be expunge instead of sealed? Unless, I misunderstood. I was fingerprinted.

Though this doesn't sound right: "---erasure of the record---is becoming more illusory than real because the record may have already been entered into a private database" The main reason I agreed wiht the Discon was that I was told it would be sealed? How do you know if it's in a database? That seemed a bit unfair.

Again, I am not sure how BG checks are done.

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Attorney answers 5


NY does not expunge. If your case was disposed of with a disorderly conduct, that is a violation and not a crime. You have not been convicted of a crime and the matter will be sealed after a year and will not be made available to anyone (though the feds and law enforcement would know about it).


New York State does not expunge.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at The above answer is for informational purposes only and not meant as legal advice.


There is no expungement. Full sealing of a violation can occur upon motion of your attorney.

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.


There is no law allowing New York records to be expunged except in rare drug treatment pleas. Your record should be sealed after one year; however, it is a public record during that one year. There is no law prohibiting private background check companies from collecting that information while it is public and using it after it is sealed. There is not a single way that background checks are done but regardless you have not been convicted of a crime and do not have a criminal record.

Richard Southard
I am a former Deputy Bureau Chief with the Kings County DA’s Office and adjunct professor at John Jay College of Criminal Justice, with over 15 years experience specializing in criminal law cases. I offer free in-person, phone and video consultations.

All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website



okay thank you. But after it's officially sealed... Lets say I apply for work and they use a private bg check. That means that discon will show along with the underlying charge?

Richard C. Southard

Richard C. Southard


its possible.


E-how is not an attorney site, and it would seem the writer is not a NY attorney. NY does not automatically expunge anything...

the only types of cases expungeable in NY are drug cases oddly enough...

a disorderly conduct is not a crime and generally is not a bar to any employment at all... good luck!

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