Should my prostitution violation have been sealed? 4 Answers as of May 27, 2011

It is my understanding that my prostitution charged as a violation should have been sealed at the time of judgement. If I was 19 would I be considered a youthful offender? Is there anything I personally can do to fix this?

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
Depending on the circumstances it does sound like you should have obtained Youthful offender Status since you were only 19. You should try to hire an attorney to see if this can be corrected either by granting Youthful Offender status retroactively, or getting the conviction expunged and/or the record sealed.
Answer Applies to: New York
Replied: 5/27/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
Yes, if it was eventually reduced down to a violation instead of the original charge of prostitution, which is a "B" Misdemeanor, then it would ordinarily be sealed - unless you waived sealing rights, which in some counties, they make you do that in order to get the plea bargain. This is especially true in Nassau County in NY. If you were under 19 at the time of the incident for which you were arrested, then you should have received Youthful Offender treatment which would have completely set the conviction aside. However, that would not apply if the case was reduced to a Violation of disorderly conduct or the like. What you can do is contact an experienced criminal lawyer and see if they can re-open the case and get that type of treatment for you "nunc pro tunc" which means "now for then." Good luck.
Answer Applies to: New York
Replied: 5/27/2011
Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
Should my prostitution violation have been sealed? Yes, it can be. It is my understanding that my prostitution charged as a violation should have been sealed at the time of judgment. That is correct, it should have been sealed at sentencing upon application of your counsel. If I was 19 would I be considered a youthful offender? Not necessarily. Is there anything I personally can do to fix this? Yes, give us a call toll free for a no obligation free phone consultation.
Answer Applies to: New York
Replied: 5/26/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
A violation can be sealed if your lawyer moves to seal the record and the prosecutor does not object. If you were under 19 at the time of arrest you were eligible for Youthful Offender Treatment and for a violation it is mandatory. If you were over 19 you were not eligible for YO treatment.
Answer Applies to: New York
Replied: 5/26/2011
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