Does anyone know anything about empungement of records?

Question

Can a misdemeanor charge of sshopliftin be empunged?

Answer 1

I know that it is EXPUNGED, not empunged.

  

Answer 2

Records are never actually expunged.  They may be sealed, but they are always there and someone can read the record.

Answer 3

If you mena expunged, as in wiped from the record, it is possible.

If you had the original conviction vacated and dismissed, and prosecutors didn't go forward, it would be sealed.

BTW - when you say charge - do you mean an arrest, a criminal complaint or the actual conviction?  Unless you've got a conviction - either by plea or verdict after trial - there is nothing really to expunge.  Though in NYS, I've seen rap sheets that show records of arrest that were never prosecuted, or were prosecuted but then dismissed, or were ACD'd (the case is put over for 6 months to a year for the with idea of dismissing it at the end of that time if the defendant stays out of trouble - and he does and it is) and then dismissed.  These cases should not be on an official record but they are.  Nevertheless, they cannot be the basis of a criminal record - you have no criminal record based on a criminal case that did not (yet or ever) lead to a conviction.

How old/young was the defendant at time of conviction?  In NYS, if you're below a certain age and have no record, your first misdemeanor conviction is really treated as an adjudication instead - it is not a conviction and should not be treated as a conviction at all.  So-called "youthful offender" treatment is discretionary in felony cases, but mandatory for misdemeanor convictions.