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

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1 Lawyer Answer
Brian Berkowitz
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Answered
  • 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.

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