Can my husband get his 5 year old criminal possession in the 3rd degree with intent in New York? 2 Answers as of February 10, 2011

Can my husband get his 5 year old criminal possession in the 3rd degree with intent in New York? He was not a state inmate he did city time. He now has a family and he cannot find work, rent an apartment, etc.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of John Carney
Law Offices of John Carney | John Carney
I believe that the question is "Can my husband get his Criminal Possession of a Controlled Substance in the Third Degree expunged?" That is possession with the intent to sell and it is a B non-violent felony. That makes him a convicted felon and it will always be on his record in New York unless it is "vacated". In some states like Tennessee a conviction can be "expunged" and erased from the person's record. The computer record is erased and the person is allowed to say they were never arrested and not be lying on a job or rental application. The police and employers will not see the arrest or conviction. In New York an attorney can make a 440.10 motion to vacate a conviction if it was unconstitutional or the result of some error. It could be that the jury did something wrong, the lawyer was incompetent, or that a promise was broken.

There could be a claim that new evidence is available or that there was some irregularity that does not appear on the record and the judge can order the conviction vacated. This is rare and expensive, and requires that proper grounds exist for the court to vacate the conviction. You can ask your attorney to get a Certificate of Relief from Disabilities which may allow a person to get a job that he would normally be barred from, but this is not always effective. This is the most common question asked on this forum. It shows just how much a criminal record can effect a person's life, but the legislature believes that employers, colleges, landlords, and others have a right to know if a person is a drug dealer, rapist, thief, drunk driver, or is violent before they make the decision to hire them, trust them, or admit them to their school or building. It is even worse for registered sex offenders, but society must be protected from those people who prey on others, even if they have reformed themselves. The best thing for felons to do is to start their own business and earn enough to buy a home. Some businesses require a license which can be a problem for a felon, but there are hundreds of small businesses that a skilled person can start and the criminal record will not be an impediment to them.
Answer Applies to: New York
Replied: 2/10/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
First this response is general information only and does not establish an attorney client relationship. Also your question is incomplete , I presume you are trying to get the conviction expunged. Also it does not say what is possessed ( weapons, drugs etc ?). I would need further details to answer better. You should hire an attorney in any case.
Answer Applies to: New York
Replied: 2/10/2011
Click to View More Answers: