first time offender. I took a plea to misdemeanor 120.00 subsection 2. sentenced to 3 years of probation. After completion i will be able to go to court and ask for the misdemeanor charge to be changed to disorderly conduct. If the offense charge change is granted, will i be able to get the criminal record sealed? and do i really need to complete the 3 years probation in order to request the charge to be change? i was thinking on also apply for early probation termination, after a 1.5 years. Will they still go through with offense charge change if the probation early termination is granted only after 1.5 years?
What you are discussing is a conditional plea. If the court agreed on the record to allow you to take back the Misdemeanor plea upon completion of 3 years probation, and then re-plea to the disorderly conduct, PL 240.20; then, Yes, IF you take back your plea to the Misdemeanor and plea to PL 240.20, a violation, not a crime, your record will be sealed under PL 160.50 and 160.55. It is automatic but your attorney may request sealing on the record. If this was a conditional plea on the record, then you must either complete probation within 3 years or by early termination.
Disorderly Conduct seals so if that end up being your final plea, it will seal. However, it sounds like you took a conditional plea and therefore the DA will likely have to agree to shorten your probation if you want to vacate the assault plea and re-plead to the disorderly conduct.
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 [email protected] The above answer is for informational purposes only and not meant as legal advice.
It depends on the terms of your deal. If you entered in a deal where you can replead to a violation after completing 3 years of probation then that is what you must complete. The prosecutor wants proof that you can stay out of trouble for three years not 1.5. If probation terminates you early of their own volition then you lived up to your end of the deal and should still qualify for the discon. I would not advise you to petition for early termination if you want to be sure to keep your violation option open.
The violation if received seals after one year.
I am sorry to hear about your situation.
You should contact an attorney to discuss your questions as additional information would be helpful.
Our firm has many years of experience in this field.
I wish you the best of luck.
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