When you get an ACD, does the record become sealed? Does it get "dismissed" (nullified) after 6 months? Can it be used against you later on? In NY state, when you receive an ACD for a petit larceny, and you get arrested again for the same thing two years later, can that record be opened by the prosecutor? In NY state, can you request those records be expunged, or how do you go about finding out if they are sealed? Thank you so much.
The record is automatically sealed after the ACD period, here six months. However the prosecutor in that town or city where the ACD was given will know about the prior ACD, and will be unlikely to offer an ACD again. So the DA's office might be able to use it against you in that way. Get a good attorney to try to get the best deal possible, or fight the case.
New York does not expunge. The record gets sealed. The prosecution cannot use the records against you without getting an unsealing order, which is not likely to happen.
Automatically sealed after 6 months. Rare case scenario it was processed incorrectly. If your case was “terminated in your favor," DCJS will automatically seal the case unless there is a “do not seal” order. If your record should have been sealed but was not, you should contact the court clerk in the county you were convicted and ask them what procedure to follow to get your case sealed. The court will require you to either mail them a letter or apply in person before they will issue you an order sealing your record. You will need a copy of your criminal record from the DCJS or the New York Unified Court System. You must then mail the “official disposition slip,” along with a letter explaining that you want to have your case sealed to the DCJS. Prosecutors and other law enforcement officials, if they show a court that “justice requires” them to have the information they can get access to the sealed information. For more information see the links below.
