• Practice Areas
    • Criminal Defense
      • Health Care Fraud
      • Tax Fraud
      • Medicaid Fraud
      • Food Stamps Fraud
      • Financial Fraud
      • Sex Crimes
      • Theft Crimes
      • International Criminal Law
      • Cyber Crimes
    • Professional Licence Defense
      • OPMC Physicians Defense
      • NYC Nursing License Defense Lawyer
      • Nursing Fraud
      • Pharmacists
      • Physical Therapists
      • Optometrists
      • Psychologists
      • Social Workers
    • Government Investigation
      • Securities and Exchange
      • OIG Health Care Investigations
      • DEA Investigations
      • IRS Criminal Investigations
      • Medicaid Fraud Control Unit
      • Attorney General’s Investigations
      • OMIG Defense Attorneys
      • NYC Department of Investigations
      • NYS Department of Health
      • Subpoenas
  • Criminal Case Results
  • Blog
  • Contact Us

Norman Spencer Law Branding Logo

Contact us 24/7: (212) 577-6677

  • Practice Areas
    • Criminal Defense
      • Health Care Fraud
      • Tax Fraud
      • Medicaid Fraud
      • Food Stamps Fraud
      • Financial Fraud
      • Sex Crimes
      • Theft Crimes
      • International Criminal Law
      • Cyber Crimes
    • Professional Licence Defense
      • OPMC Physicians Defense
      • NYC Nursing License Defense Lawyer
      • Nursing Fraud
      • Pharmacists
      • Physical Therapists
      • Optometrists
      • Psychologists
      • Social Workers
    • Government Investigation
      • Securities and Exchange
      • OIG Health Care Investigations
      • DEA Investigations
      • IRS Criminal Investigations
      • Medicaid Fraud Control Unit
      • Attorney General’s Investigations
      • OMIG Defense Attorneys
      • NYC Department of Investigations
      • NYS Department of Health
      • Subpoenas
  • Criminal Case Results
  • Blog
  • Contact Us

  • Practice Areas
    • Criminal Defense
      • Health Care Fraud
      • Tax Fraud
      • Medicaid Fraud
      • Food Stamps Fraud
      • Financial Fraud
      • Sex Crimes
      • Theft Crimes
      • International Criminal Law
      • Cyber Crimes
    • Professional Licence Defense
      • OPMC Physicians Defense
      • NYC Nursing License Defense Lawyer
      • Nursing Fraud
      • Pharmacists
      • Physical Therapists
      • Optometrists
      • Psychologists
      • Social Workers
    • Government Investigation
      • Securities and Exchange
      • OIG Health Care Investigations
      • DEA Investigations
      • IRS Criminal Investigations
      • Medicaid Fraud Control Unit
      • Attorney General’s Investigations
      • OMIG Defense Attorneys
      • NYC Department of Investigations
      • NYS Department of Health
      • Subpoenas
  • Criminal Case Results
  • Blog
  • Contact Us
Norman Spencer Criminal Defense Lawyer Inner Slide

Norman Spencer Law Group
NYC Criminal Defense Lawyers

Request a consultation
Norman Spencer Criminal Defense Lawyers Rate Logo
Norman Spencer Criminal Defense Lawyers aba
Norman Spencer Criminal Defense Lawyers Nysba Logo
Norman Spencer Criminal Defense Lawyers Nationaltriallawyer Logo

Search Results for: seal

Can I get an old felony expunged?

March 28, 2021 by Norman Spencer

There is a lot of uncertainty around the question of expungement. Can a felony be expunged, and if so, is expungement only for certain types of felonies? Does the conviction have to be old, and if so, how old? 

This article will clear up a lot of myths and misconceptions about expungement and will lay out the basic steps to expunge a criminal conviction.

Can felonies get expunged?

Yes and no. Yes, in certain states certain felonies can be expunged depending on a variety of other factors, but no, not all felonies qualify for expungement. Before discussing which felonies are likely to qualify for expungement and the process for expunging a felony conviction, it’s important to understand what expungement is.

What is expungement?

Expungement is a way of limiting access to your criminal record. Expungement means the record is destroyed.

Generally speaking, the court that grants the expungement will impound the physical file and delete the electronic file from their computers so that it no longer exists. The court will also order that any interested police departments must destroy all records pertaining to that case.

Expungement vs. Sealing a Criminal Record

Having a criminal conviction expunged is different from having a criminal record sealed.

Sealing means the record is kept confidential and typically can only be accessed in limited circumstances relating to law enforcement and sentencing. That said, some states allow employers, like schools and financial institutions, to obtain sealed criminal records in connection with employment-related criminal background checks.

What types of felonies can be expunged?

The type of felonies that can be expunged depends on the state you live in. Not all states allow expungement.

For example, New York does not allow expungement at all. Instead, New York allows certain types of criminal records to be sealed under specific conditions. 

Even though New York law allows for the sealing of criminal records, there is a limit of two criminal convictions that can be sealed, and only one of them can be a felony.

Illinois allows expungement but has very strict requirements. In Illinois, you cannot obtain expungement for any crime that resulted in a conviction. A conviction usually means a finding of guilt resulting in a sentence of jail time, probation, conditional discharge, time served, fines, and also supervisions or qualified probations that have not been completed.

For states like Illinois, that leaves expungement available either in cases where there has been an arrest or charge of a crime without a conviction, or in cases where a conviction was ultimately reversed, vacated, or pardoned.

Conversely, some states have more liberal expungement laws. In fact, California has one of the most lenient expungement laws in the country. If you’ve been convicted of a misdemeanor or certain felonies in California, you’re allowed to petition the court to set aside the conviction and dismiss the case.

Even in states that allow it, expungement is only available in very limited situations.

In most states, serious felonies and aggravated crimes, such as murder, manslaughter, armed robbery, rape and other sex crimes, and crimes against minors may never be eligible for expungement. 

On the other hand, a shoplifting felony for grand larceny (i.e., theft over a certain amount, such as $1,000) is an example of an easier felony to expunge. 

In more conservative states, crimes like DUI, reckless driving, or cruelty to animals may never be able to be expunged. As for drug-related felonies, it depends on the classification of the drug crime. A felony conviction for possession of a controlled substance may be easier to expunge than the felony of drug possession with the intent to distribute. 

When can you get a felony expunged?

Again, the time requirements for seeking an expungement varies from state to state. Sometimes a petition to expunge can be filed immediately, and other times there may be a statutory waiting period.

Consider Kentucky, where the law states that an application for expungement cannot be filed sooner than five years after the completion of the person’s sentence or five years after the completion of the person’s probation or parole, whichever occurs later.

Many states require the completion of any supervision or probation, and the payment of all fines or retribution before a person can qualify for expungement. In those cases, the waiting period normally starts from the date of completing supervision, probation or retribution.

In some states, if you were sent to prison, this may automatically disqualify you, but other states may still allow expungement even if you served jail time so long as you can show a lengthy amount of time has passed without new criminal charges and that you are a contributing, law-abiding member of society.

What are the steps to getting a felony expunged?

If you’re looking to get a felony expunged, the very first step you should take is to get copies of your criminal records. You’ll need to review your criminal history to determine whether you can meet your state’s requirements. 

That brings you to the next step, which is researching the expungement laws of your particular state.

If your felony or misdemeanor qualifies for expungement and the timing requirement has been met, the process of expungement formally starts with the filing of a petition or application with the proper criminal court.

Many states also require you to include your criminal record, proof of your completion of probation, supervision and/or retribution, and other paperwork with the petition, all of which will be submitted for a judge’s review and decision.

Most states will require you to send notice of your expungement request to the original law enforcement agencies, the district attorney’s office that handled your case, and the state agency that manages criminal histories for your state.

Most jurisdictions also require that a fee be paid in conjunction with the filing of the petition or application.

What are the benefits of expunging a criminal record?

A significant benefit of expungement is the record of the conviction is destroyed and removed from all files and databases. That means the felony no longer exists and does not have to be disclosed as a criminal arrest or conviction on job applications, loan and other financial documents, or other inquiries.

But maybe the most important benefit to expunging a criminal record is the peace of mind it brings knowing that a negative and unfavorable part of your past can be left in the past and will not haunt you for life. Your slate will have been wiped clean, so to speak. And who wouldn’t want that?

Lauren Blair is a lawyer who writes for the legal counsel and insurance education site, FreeAdvice.com. She has over 25 years of experience in litigation.

Filed Under: Uncategorized

What Happens If I Am Arrested for Shoplifting in NYC?

August 23, 2011 by Norman Spencer

Shoplifting in NYC
Shoplifting is one of the most commonly prosecuted theft crimes in New York City Criminal Court. The first question that we ask of prospective shoplifting clients is what was the total value of the merchandise allegedly stolen. In New York, theft of up to $1,000.00 is a Class A Misdemeanor Petit Larceny. Theft of over $1,000.00 is a felony Grand Larceny. There are several levels of grand larceny depending on the value of the stolen item. Whether it is charged as a misdemeanor or felony, shoplifting is a crime. Pleading guilty or being convicted of it will result in permanent criminal record and other legal consequences including deportation where the defendant is not a U.S. citizen.

Most shoplifting crimes charged in NYC are misdemeanors although there is a number of instances where people are charged with grand larceny (usually these cases involve upper scale department stores).

What Happens After I Am Arrested?

If you are arrested for petit larceny in NYC, the police is likely to issue you a DAT (desk appearance ticket), instructing you to come to court for your arraignment on a certain date. If you are arrested for felony grand larceny, you are likely to be detained for approximately 24 hours at Central Booking until you see the judge who will decide bail. In most shoplifting cases in New York City, even involving felonies, arraignment judges don’t set bail and release defendants on their own recognizance (ROR).

What Are My Options?

As with any other criminal case, your NYC shoplifting case can be resolved in three ways. You can go to trial, you can negotiate a plea agreement with the DA’s Office, or in some cases the case will be dismissed because the DA would not have enough evidence to go to trial. The decision whether to take your shoplifting case to trial can only be made later in the case after weighing all the pros and cons and realistically comparing the risk of losing against the proposed offer.The District Attorney’s Office will usually make an offer of disposition at the arraignment or at some later time. In most fist time misdemeanor shoplifting cases (excluding Staten Island), the DA will offer to dispose by the case by way of a plea to a reduced charge of disorderly conduct, which is a violation and not a crime. This means that if you agree to acknowledge wrong doing in court and do a few days of community service, the case will be dismissed and your arrest record sealed in one year. While this resolution is acceptable to most clients, it could be problematic to others, particularly those employed in the financial industry or in the education sector, as well as those non-citizens who plan to apply for visas upgrades. While a violation is not a deportable crime, it needs to be disclosed to the immigration service and an immigration officer in his or her discretion may deny your request for a visa upgrade or extension.

To avoid these potential complications, it is always better to resolve your shoplifting case in NYC by an ACD (adjournment in contemplation to dismissal). The benefit of an ACD is that you don’t have to acknowledge any wrongdoing and the arrest record will be sealed in only 6 months. It is essentially a slap on the wrist and carries practically no legal consequences. The DA almost never offers an ACD at the arraignment and in most boroughs this is something you have to work very hard to obtain.

Should I Hire A Lawyer For My Shoplifting Case in NYC?

We are asked this question all the time. Apparently, many police officers tell people newly arrested for shoplifting that these are not serious charges that don’t need a lawyer. This is only partially true. If you are arrested for stealing a very low cost item, you will be offered a plea involving a violation and community service. If this is acceptable to you, there is no need to hire a lawyer. Court will provide you a free legal aid attorney who is more than capable of getting you that result. However, if you are not interested in pleading guilty and only want an ACD or dismissal or if the charge involves more than just a a few dollars item, you may consider consulting a private criminal lawyer who will have the time ?and the resources to fight for the optimal outcome.

Will I Go To Jail for Shoplifting in NYC?

While this is extremely unlikely, you may end up in jail if you take your case to trial and lose. You may also serve some time if this is not your first offense and you are charged with a felony grand larceny.

How Much Will I Pay in Legal Fees to Defend My NYC Shoplifting Case?

This also depends on who you hire. If you shop around, you will find less experienced attorneys charging as little as $1,500 or even less for a shoplifting case and you will find more seasoned criminal lawyers charging much higher fees. It also matters on whether it is a felony or a misdemeanor and on the prior criminal record. It all depends on the attorney’s experience and willingness to go an extra mile to secure the desired outcome. It is true that a lawyer does not need much time to “plead out” the defendant but it could take much more time invested in the case to get that ACD from the DA, and that often includes making motions and making repeated court appearances. The axiom “you get what you pay for” holds true when it comes to choosing an attorney for a criminal case.

If you are arrested for shoplifting in New York City, call us today at (212) 577 6677 to set up a consultation.

 

 

Filed Under: Blog

Primary Sidebar

Recent Posts

  • What Happens During OPMC Investigation
  • What Triggers Medicaid Fraud Investigations In New York?
  • Speedy Trial Law in New York
  • Representing Yourself in Court: Don’t Do It!
  • Can I get an old felony expunged?

Categories

  • Blog
  • Deportation
  • Health Care Claims Fraud
  • Medicaid Fraud
  • Pharmaceutical License
  • Sexual Misconduct
  • Uncategorized

Request a consultation

"*" indicates required fields

* fields are required

This field is for validation purposes and should be left unchanged.

90 Broad St, 2FL, New York, NY 10004

SITEMAP      PRIVACY POLICY
© COPYRIGHT 2022 Norman Spencer Law Group PC. ALL RIGHTS RESERVED

email: ns@normanspencerlaw.com
Contact us 24/7 (212) 577-6677

Norman Spencer Law Group PC is a multi-practice law firm, providing Criminal Defense, Professional License Defense and Government Investigations Defense. This is an Attorney Advertisement and the information on this New York Criminal Defense Attorneys / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.
Designed & Developed and SEO by Attorney Marketing