Is it possible to get my ticket for possession of marijuana sealed? 2 Answers as of February 27, 2014

I'm 21 years old from New York. I'm a college student and work full time this is my first ever ticket or offense. I got a ticket for possession of marijuana it was a very small amount. They did fingerprint me and took a mug shot. I have a lawyer because I'm concerned this will show up on my criminal background check and I have to student teach next year and before that I get fingerprinted. This needs to not show up at all. Is it possible to get it sealed before then? Will I be okay for student teaching? What will happen to me I've been sick to my stomach for days now.

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Law Office of Richard Southard
Law Office of Richard Southard | Richard C Southard
It sounds like you are eligible for what is known as a marijuana ACD or ACoD. Under Criminal Procedure Law Section 170.56, which is the Statute that governs this, all the charges may be dismissed and sealed after one year if you stay out of trouble and perform any other punishment of the judge. Also in NY, the judge may grant this ACD even if the State objects. In my personal experience, I have been able to convince judges to grant an ACD even when the prosecutor is insisting on harsher penalties. It's a little concerning to me that you have an attorney and he hasn't discussed this possible outcome with you yet. Perhaps you need to find a different attorney who specializes in criminal law.
Answer Applies to: New York
Replied: 2/27/2014
Rothstein Law PLLC
Rothstein Law PLLC | Eric Rothstein
I routinely get these dismissed and sealed early. Hopefully your lawyer knows how to do that. If it is not sealed, it will show up on a background search for a year - assuming you can get a marijuana ACD.
Answer Applies to: New York
Replied: 2/27/2014
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