Q: Why request a 30-day seal if the case was dismissed with prejudice?

A: I understand your confusion about why a 30-day seal would be requested after your case was dismissed with prejudice. It’s important to clarify the concepts involved and the purpose of such a request.

First, let's break down the terms involved:

Dismissed with prejudice: When a case is dismissed with prejudice, it means that the case is closed and cannot be brought back to court. In other words, the charges against you are permanently dismissed, and the prosecution cannot refile the same charges in the future.

The 30/30 rule: This rule, also known as the "Speedy Trial" rule, requires that criminal cases in New York be brought to trial within 30 days for individuals who are in custody and 60 days for those who are out of custody. If the case is not brought to trial within this time frame, the charges may be dismissed. In your case, the dismissal under the 30/30 rule means that the charges were dropped because the prosecution failed to bring the case to trial within the time limits set by law.

Now, regarding the request for a 30-day seal, this request is related to the potential impact of the dismissal on your criminal record and public records. While the case was dismissed with prejudice, the District Attorney’s request for a seal is likely intended to temporarily hide or restrict access to the records of the dismissed case. The reasoning behind such a request is often related to protecting the integrity of the public record while ensuring that the dismissal is properly processed.

Here are a few reasons why the DA might request a 30-day seal:

Protection from immediate public access: While the case was dismissed with prejudice, the records may still be publicly accessible. The 30-day seal ensures that, for a limited period, the record is sealed from public view. This temporary seal can prevent the record from being publicly accessed during the time when your case is officially dismissed from the system or while any administrative issues related to the dismissal are finalized.

Ensuring accuracy in record keeping: Sometimes, even after a dismissal, there can be administrative delays in updating court records or removing the case from certain public databases. A seal allows the court to make sure the dismissal is processed correctly without the risk of the case being used improperly in future proceedings or appearing in background checks during this brief period.

Protecting you from potential negative consequences: Although your case was dismissed, having the record publicly visible immediately could still affect your reputation or cause confusion, especially if the dismissal hasn't been fully processed in the system. A temporary seal helps mitigate this risk.

In conclusion, the DA’s request for a 30-day seal is a procedural step that allows the court to temporarily restrict access to the case records while they are updated or finalized in the system. It does not change the fact that the case was dismissed with prejudice. However, if you have concerns about how this may impact you, or if you believe the seal is unnecessary, you might want to consult with your attorney to discuss whether the request is in your best interest or if any action should be taken.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.

A: Assuming your case was dismissed upon a motion pursuant to CPL 30.30, I believe you may have heard wrong and the ADA may have been requesting 30 days to decide whether or not they wish to argue the decision pursuant to a motion to reargue. The statutory timeframe for filing this motion is 30 days from the date of entry of the dcision. This is in essence a formal written request of the judge to review his decision and change his/her mind based on facts brought up by the ADA. Remember that 30.30 dismisal time for an A misdemeanor is more than 90 days and for a felony is 6 months.