When Can I Get An Expungement?

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Facing criminal charges is difficult and may leave you wondering if you have any options to mitigate the damage of being convicted of a crime will have on your life. You may find it difficult to get a job, buy a house, or even apply to college. Fortunately, not all criminal records are permanent. Some are expungable, which means that the charge will no longer appear on your record. 

You may be eligible for the expungement of your conviction: 

If the Charges Were Dismissed  

A case can be dismissed with or without prejudice, meaning that the charges against you have been dropped either permanently or temporarily. A dismissal with prejudice indicates that the case is permanently closed, while a dismissal without prejudice leaves the window open for the prosecution to charge you a second time. Even if your case is dismissed, you must act to have it expunged for it to come off your criminal record.

If the Court Did Not File Charges

If you weren’t charged by the court after being arrested, you may think there’s no reason to have your records expunged. Unfortunately, even arrests are on that record, including information about what you were arrested for and that it was sent to the District Attorney for prosecution, even if the arrest was false or made in error. That said, these records are typically simple to have expunged since no charges were actually filed. 

If Your Appeal Is Successful and Your Conviction Reversed  

If your conviction was reversed after going through the appeals process, it may be possible for the action to be expunged from your criminal record. This means that a higher court has decided that your conviction was erroneous and has instructed the lower court to dismiss or retry your case. Not all criminal offenses are eligible for expungement, but you may have the option to have the records sealed. 

How to Get Legal Support When Seeking an Expungement    

Being convicted of a crime seems like a life sentence, and you may be worried that your criminal record will follow you around forever. This may not be the case, and you may be eligible to have your records sealed or even expunged. 

Scott Cerbin is an experienced New York criminal defense attorney that can help. Contact our office today to book your consultation at 718-596-1829

By : First Page Attorney | April 22, 2021 | Case Results

What’s Next If I’m Charged With Acting As a Criminal Co-Conspirator?

Brooklyn Arrest Lawyer

It’s a common misconception that if a person didn’t commit an actual crime, they can’t be considered legally responsible for any part of it. However, you could be charged with conspiring to commit the crime, and proving your innocence can be tough. You’ll need strong evidence that illustrates how you were uninvolved in the incident. Here’s how to seek legal support if you’ve been accused of assisting a person who was breaking the law.

Find Out How You’ll Be Treated as a Criminal Accomplice Under the Law 

In legal terminology, directly committing a crime means that you are the “principal” of the act. Anyone that helps is considered a conspirator, co-conspirator, or accomplice. Often, accomplices are considered just as criminally responsible as the principal of the offense and may face the same charges. If someone died or was seriously hurt in the commission of the crime, this is even more likely.

Understand What the Prosecution Will Be Bringing Forward to Prove Their Argument 

Prosecutors are responsible for bringing forward evidence to prove you aided the principal and it’s important to understand how they plan on meeting that burden of proof. Certain elements will need to be proven by prosecutors to successfully convict you of criminal conspiracies, such as: 

  • Your behavior was indeed criminal under the law 
  • Your identity was not misjudged or mistaken; it was you that acted as an accomplice
  • You had full knowledge of your actions being illegal, or you reasonably should have been expected to know 

You should take the initiative to gather as much evidence as you can that directly challenges the evidence that prosecuting attorneys are attempting to use against you. If you weren’t with the person who committed the crime, you may have proof like a receipt or the testimony of a friend who can say you were with them. 

Another potential option is to specifically show how you would not have had knowledge of the crime being committed or any reason to suspect a criminal offense was in progress. 

Don’t Wait to Get Legal Help From an Experienced Defense Lawyer in New York

New York criminal defense attorney Scott Cerbin is an aggressive ally in the courtroom; something anyone charged with being a criminal accomplice needs. When your reputation is on the line and the pressure is mounting, you need someone on your side. Contact Attorney Cerbin today to get more information or to schedule a consult at 718-596-1829. 

By : First Page Attorney | April 19, 2021 | Criminal Defense

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I am attorney Scott G. Cerbin, Esq., and my firm is located in downtown Brooklyn near the Borough Hall and Jay Street stops. The Law Office Of Scott G. Cerbin, Esq., PLLC, offers free initial consultations to individuals living within all five New York City boroughs. You can reach me at any hour of the day or night, regardless of the complexity of your issue.

To schedule your initial consultation or to learn more about my firm, call 718-596-1829 or complete the lawyer contact form below.