New York Misdemeanor
The misdemeanors of New York are most often broken into three different categories. These categories range in punishment and are set according to the gravity of the crimes.
Class A Misdemeanors are the most serious of misdemeanors and hold a punishment of up to twelve months in a county jail facility. Crimes that are charged with a Class A Misdemeanor include third degree assault, second degree menacing, third degree stalking, sexual misconduct, sexual abuse, second degree unlawful imprisonment, fourth degree criminal mischief, graffiti, third degree bail jumping, third degree forgery, petit larceny, second degree criminal contempt, fourth degree criminal possession of a weapon, seventh degree of criminal possession of a controlled substance, and others.
Class B Misdemeanors are the middle ground of misdemeanors and have a maximum punishment of up to six months in a county jail facility. Those charged with Class B Misdemeanors include stalking, criminal mischief, unlawful imprisonment, bail jumping, criminal possession of a controlled substance, forgery, sexual misconduct, menacing, assault, larceny, graffiti, and others. Class B Misdemeanors are very similar to Class A Misdemeanors as they often have the same crimes but in lesser degrees of severity.
The final category of misdemeanors is made up of Unclassified Misdemeanors. These misdemeanors have varying jail punishments that vary in times. Unclassified Misdemeanors consist of any crime that falls outside the Penal Law. These include vehicle and traffic law offenses, most commonly including Driving While Intoxicated offenses and Aggravated Unlicensed Operation of Motor Vehicle.
Criminal Defense Attorneys
Misdemeanors often require evaluation, so contacting a criminal defense attorney in the state of New York can be of assistance. He or she can explain the misdemeanor process, the types of classes of misdemeanors, and the sentences involving each misdemeanor. He or she can also give advice on the best way in which to proceed.
New York Misdemeanor Expungement
Misdemeanors in New York can sometimes be expunged under certain circumstances. Expungement includes the destroying of a criminal file or the returning of a criminal file to the accused. Criminal records in New York may also be sealed from being available to the public. Instead of being destroyed, a file will be "closed" from public search but will remain open to the proper authorities. This is done so that any sealed record may later be used in criminal proceedings or in the application of certain licenses and certain employments
Only a few are eligible for misdemeanor expungement of DNA records and DNA samples. A person must have been acquitted of all charges, have had a conviction reversed or vacated, or have been fully pardoned of a crime. Those that have been convicted of a crime are not eligible for expungement. Those that are eligible can file a petition to the court. If granted, records and samples will be returned or eliminated.
The juvenile court has the authority to request that all juvenile records be expunged if no judgment of delinquency has been made. Photographs, fingerprints, and other documents may be expunged in certain cases if a juvenile has been judged with delinquency. See also:
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