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Disorderly Conduct Case Sealed?

New York, NY |

I was arrested recently and charged with 240.20 and 220.03 (disorderly conduct & possession of controlled substances in the 7th degree)
Plead guilty to disorderly conduct, sentence was time served. No community service or drug course.

Today, I picked up the certificate of disposition; it reads: Sealed after conviction. Pursuant to section 160.55 of the CPL.

Does this mean the case is already completely sealed and won't show up at the CBP screen upon re-entry?
I am a Legal Alien living in NY and have to travel for business to Mexico in two weeks and don't want to be refused at the border when I return.

Thanks

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Attorney answers 5

Posted

Your possession conviction may be a deportable offense. Show your record of conviction to an experience immigration attorney.

Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Asker

Posted

But I was only convicted/pled guilty to for disorderly conduct, not possession. (Reads the disposition too) Or do they also look at the initial charge(s)?

Carl Michael Shusterman

Carl Michael Shusterman

Posted

Be careful. When drugs are involved, you don't have to be convicted to become inadmissible to the U.S. Don't try to solve your problem online.

Posted

Conviction for dis con is not a deportable offense. Immigration is governed by federal law, not state. The conviction is sealed under state law. It may not be erased from federal databases. I would be very careful about traveling, and would consult an immigration attorney before going anywhere outside the U.S.

Posted

It is sealed and you should be good.

I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

Posted

Sealed is supposed to be sealed, but.... However, your conviction was for Disorderly Conduct, a violation and not a crime. I would seek counsel from an Immigration attorney and carry copies of the disposition when I travel.

Posted

The case is sealed and is non criminal. As to its effect on travel restrictions and your immigration status you should speak to an immigration attorney.