Criminal Charges
In New York State there are three classifications of offenses: violations, punishable
by up to fifteen days in jail; misdemeanors, punishable by a maximum of one year
in jail; and felonies, punishable by any state prison sentence in excess of one
year. Refer to the sentencing charts for information on specific offenses.
There is a significant difference between a violation and a misdemeanor. A
violation is not a criminal conviction and the record is usually sealed. A
defendant could honestly state on a school or employment application that he
has not been convicted of a crime. A misdemeanor is a criminal conviction
and remains on the defendant's record for the rest of his life. New York
law has no provision for expunging convictions. In its discretion, a court
may grand a defendant a Certificate of relief from Civil Disabilities which removes
any bar to employment with state or municipal government automatically imposed
by law because of a conviction.
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