seekinghelpny
Member
What is the name of your state (only U.S. law)? New York
At a family gathering a thirteen year old boy inappropriately touched his ten year old female cousin. It happened on two separate occasions. One incident was in November in County A where the boy lives. The second incident was a month later in County B where the female cousin lives. The female cousin informed her mother a couple weeks after the second incident. The mother called the police. The boy was arrested and charged with four counts of sexual misconduct by the police. Since each incident was in a different County there were two separate court actions. The first court action occurred in County A where the female cousin resides. In that County the outcome of the hearing was that the boy pleaded to one count of Attempted Sexual Abuse in the 2nd Degree, Penal Code 130.60. The Judge dismissed the other three charges and gave the boy, ACOD, Adjournment in Contemplation of Dismissal. In the second court action in County B where the boy resides the boy pleaded to one count of Attempted Sexual Abuse in the 2nd Degree, Penal Code 130.60. This Judge gave the boy two years of probation and mandatory sexual abuse counseling at a facility determined by the court. The boy successfully completed probation and counseling. During the counseling it was determined that the boy was a victim of sexual abuse, that he has Autism and he was taking a drug for advanced cystic acne, Acutane, which one side effect is that it affects judgment. The boy continued in counseling until he was nineteen years old. He is now twenty years old. He has not been in any other trouble since these incidents. The incidents have occurred in New York State. Here are my questions:
1) Can his record be expunged?
2) Was his record automatically sealed by the court?
3) How can we confirm that his record is sealed?
4) If his record is not sealed can we follow a do-it-yourself process to get it sealed?
5) Assuming it’s sealed or we can get it sealed, would he be able to answer “NO” on general employment applications to the question of whether he was ever convicted of a crime?
At a family gathering a thirteen year old boy inappropriately touched his ten year old female cousin. It happened on two separate occasions. One incident was in November in County A where the boy lives. The second incident was a month later in County B where the female cousin lives. The female cousin informed her mother a couple weeks after the second incident. The mother called the police. The boy was arrested and charged with four counts of sexual misconduct by the police. Since each incident was in a different County there were two separate court actions. The first court action occurred in County A where the female cousin resides. In that County the outcome of the hearing was that the boy pleaded to one count of Attempted Sexual Abuse in the 2nd Degree, Penal Code 130.60. The Judge dismissed the other three charges and gave the boy, ACOD, Adjournment in Contemplation of Dismissal. In the second court action in County B where the boy resides the boy pleaded to one count of Attempted Sexual Abuse in the 2nd Degree, Penal Code 130.60. This Judge gave the boy two years of probation and mandatory sexual abuse counseling at a facility determined by the court. The boy successfully completed probation and counseling. During the counseling it was determined that the boy was a victim of sexual abuse, that he has Autism and he was taking a drug for advanced cystic acne, Acutane, which one side effect is that it affects judgment. The boy continued in counseling until he was nineteen years old. He is now twenty years old. He has not been in any other trouble since these incidents. The incidents have occurred in New York State. Here are my questions:
1) Can his record be expunged?
2) Was his record automatically sealed by the court?
3) How can we confirm that his record is sealed?
4) If his record is not sealed can we follow a do-it-yourself process to get it sealed?
5) Assuming it’s sealed or we can get it sealed, would he be able to answer “NO” on general employment applications to the question of whether he was ever convicted of a crime?
