Will my case be expunged when I turn 18? 6 Answers as of December 30, 2011

I would need all the detailed facts and circumstances but generally you should hire an attorney to try to get an ACD- adjournment in contemplation of dismissal- they adjourn the case, usually for 6 months, and if you do not get into trouble during that time the case will be dismissed. You also may qualify for Youthful Offender treatment which means the conviction, if you don't get an ACD will be vacated and the record sealed. If you get an Acd there is no conviction and if you qualify for Youthful Offender treatment the record will be sealed. Expungment is for much later after a conviction . The court will most likely take into consideration that this is first offense and you are a good student and play sports and have done community service. You should not try to do this without an attorney.

If you are given juvenile offender treatment then you won't end up with a record. There is no expungement in the State of New York. If's more that you haven't been in trouble before that will help rather than any of the things you mentioned. As for an ACD, an ACD is where your case gets adjourned, usually for a year but sometimes less. If you don't get into trouble while the case remains open, then on the adjourned date the case is automatically dismissed. You usually get offered only one of these and very rarely a second. But, penalties depend on a lot of factors, including age, criminal history, severity of the charges, amount of pecuniary loss involved, character and remorsefulness of the defendant, how egregious the facts are, was anyone injured, has the defendant cooperated on other prosecutions, etc. I can't offer an opinion without knowing all of the details.

If you were convicted at age 16 of a non violent felony you were probably given Youthful Offender Treatment or an ACD dismissal. Either way you will not have a criminal record but the government and the military will be able to see what you were arrested for. If the file was sealed they will not be able to see the details of your arrest but they will know that you were arrested and will hold it against you to a certain degree. Life is about making good decisions. Study hard, get good grades, get into a good college and graduate school, and establish a good reputation. That will lead to your success. Good Luck!

New York does NOT have an expungement statute. You are charged as an adult in New York for criminal matters as long as you are 16 (younger for some crimes). There are a number of outcomes that will result in the case being sealed. ACD, Youthful Offender status, etc. Even a violation will seal after one year. You should discuss these in the context of your charges with an experienced criminal defense attorney. Lastly, anything that portrays you in a positive light to the judge and prosecutor increases your chances.

These are serious offenses and you should not attempt to proceed without a lawyer. There are many possible dispositions including an ACD. Your background is always helpful in obtaining a favorable disposition. You are 16 and therefore you also qualify as a youthful offender. With a youthful offender disposition it is not considered a crime however your record would always be accessible as part of your RAP sheet.

First, NYS does not allow for expungment. Second, you are 16 years old and are likely eligible for "youthful offender" status, depending upon the severity of the offense. You need to find an experienced criminal defense attorney to get you the best deal possible.