Open Container PBJ Expungement

[nystc]

What is the name of your state (only U.S. law)? New York, sentencing done in Delaware

Before I start, I would like to thank you for your assistance in advance.

I was "arrested" during my college's homecoming for having an open container in a public area. I put arrested in quotes because I was never handcuffed or brought to the station, but I was still served with the paperwork. Anyway, I went to court and plead guilty to the crime and was granted Probation Before Judgment (PBJ) for a period of one year - so the judgment was deferred for one year. During the one year period of PBJ, I did not have any more encounters with the police and I was to be "discharged of my conviction" as of the one year anniversary of my trial date (according to the paperwork I received).

Since there is still a record of this occurrence on my record, I am interested in Expunging my record. I have already printed out the pages for the expungement, but I am unsure what to fill out in a few places. I have all the original documents from my "arrest".

I will go through the questions I have page by page:

"Affidavit of Mailing":

--I plan on mailing in the form & do not know what to write on the line "Civil Action No." or "Affiant".
--Is the Civil Action No my "Case Number"?
--Is Affiant where I'm supposed to sign, if not, who signs there?
--Also, do the two dates have to match (Notary Public & Affiant)?

"Petition for Expungement of Criminal Record":

Page 1:
--Where it asks to "List All Charges", If I was charged with another offense but it was dropped at court, do I have to disclose that here?
Page 2:
--Item #6: "The Disposition of the charge(s) previously listed is as follows:" -- What do I write here? -- How/Why I was arrested?
--Item #7B: There is a line to fill out regarding the "Arresting Agency", would that be the court or the police department?

"Order":

--In the line "Arrested By", do I write the officer's name or the police department?
--How would I complete this sentence:
"...and it appearing that the charge(s) (were/were not) transferred to the Superior Court and assigned criminal action numbers ___<??>____ and it appearing that the charge(s) were disposed of as follows: ___<??>>___ ..."
Do I circle "were not" transferred...?


Thank you again for your advisement.

 

[RedemptionMan]

dude?????? would you do heart surgery on yourself if you needed it?

then do not try and do this by yourself--- judges are lawyers and when you represent yourself through a lawyer it is MUCH better for you.

BUT...... if you must go it alone -- call the clerks office and see if they will answer those questions maybe even ask to speak to the judge -- 99% chance that you probably will not get very far with this method -- good luck,,,

 

[nystc]

I really don't think it is neccessary to pay for a lawyer $100 (or much more) for a 3-4 page thing that I have all the information I need for. The only reason I can't fill this out on my own is because of the legal language that my 2 business law & 1 intro to law classes didn't cover. I also have a not guilty verdict on my record, I just want that to not be on there at all. I would ask the lawyers I know to help me with this, but I don't have much time during their business hours (since I work in & commute to NYC every day). Also, the majority of lawyers I know are in Delaware - I did some volunteer consulting work for the Legal Services Corporation of Delaware & became friendly with everyone there over the 3 months I was with them.

If someone could either point me toward a good instructional site for this or answer my questions, I would appreciate it. Thank you.

 

[LeeHarveyBlotto]

You have zero chance of success doing this yourself. None.