Brooklyn, NY asked in Criminal Law for New York

Q: Question about ACD for petit larceny

I received an ACD for petit larceny back around the end of 2019 / beginning of 2020. Along with the usual "don't get arrested again" bit, part of the deal was to complete 20 hours of community service but for reasons including the unexpected arrival of the pandemic, I was unable to complete most of that requirement. I probably should have tried to contact the court about it but I really just had many other concerns at that time. So the question is: can I assume the case has been sealed by now since they're generally a little more lenient on college students, and mainly because it has been quite some time and I have stayed out of trouble all this time? Or if the answer is "it depends", how can I find out what happened to my case? But if the misdemeanor is unfortunately and without a doubt still on my record, how can I get it sealed, and ideally as quickly as possible? I really don't want to let a reckless mistake from when I was 18 ruin the rest of my life. Thanks in advance

Related Topics:
1 Lawyer Answer
Brian Berkowitz
Brian Berkowitz
  • Criminal Law Lawyer
  • New City, NY
  • Licensed in New York

A: Thank you for your question. This is not something you want to have hanging over your head and if possible, you should reach out to the attorney who originally handled your case to see what, if anything they can do to help you and answer your questions. If you are unable or unwilling to contact that attorney, you should consult with another lawyer to discuss your options. While it could be possible that the matter is deemed complete and sealed, it is also possible that it is not, and the case is still pending. At a minimum, you should want to know if there is a warrant outstanding as a result of your failure to comply with the terms of the ACD. The facts you mentioned: that you are a college student, have stayed out of trouble and the delay caused by the Covid-19 Pandemic, may be helpful to you and the ultimate resolution of your charge(s), but unless and until you know the status of your case, you will never know if the case was resolved and what, if anything, you can do to help bring this matter to a close.

This answer does not in any way create or establish an attorney-client relationship and is intended solely to be generic legal information, not legal advice. Under no circumstances should the information obtained here be used to make decisions about the proper course of a legal matter.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.