Call Today for a Free Consultation



2. Dismissal because the People cannot prove their case beyond a reasonable doubt.  (usually involves a missing, recaltrant or reluctant witness)

2. Acquittal at trial.  (requires good defense facts)

2. Dismissal by facial insufficiency.  (requires a poorly drafted complaint)

5. Dismissal in the interests of justice.  (requires compelling circumstances)

Any of the above will result in a permanently sealed record.

Sealing under 160.55 requires that the matter be reduced from a crime (misdemeanor or felony) to a violation (usually a 240.20).

Law Offices of Robert Briere

Sealing under 160.50 requires a dismissal and, in my experience, the most likely means of securing a dismissal are as follows:

1.  Adjournment in contemplation of dismissal  ("ACD") (requires no prior record or a minimal prior record)​

2. Violation of Speedy trial under New York CPL 30.30.  (requires various conditions and 90 days of time when the prosecutor is not ready for trial on a misdemeanor and 180 when they are not ready on a felony))

Sealing Strategies