What Are the Benefits of Diversion Programs?

Interviewer: What are the benefits of diversion programs?

The Level of the Charge Is Substantially Reduced

Michael Kramer: The benefit is you get the charge substantially reduced. It usually occurs with drug charges where it’s a first offense, or it’s a serious charge to begin with. But, there are extenuating circumstances which do not merit the mandatory drug penalties that could be imposed upon conviction.

For example, in a drug case a defendant would plead to both a felony and a misdemeanor, and then engage in pretrial diversion. That is some sort of drug court in which they would attend treatment sessions and undergo testing. If they successfully completed that drug program over a period of time, the agreement would be that the felony would be dismissed, and the misdemeanor would remain.

Individuals Must Successfully Fulfill the Obligations of the Diversion Program before the Charges Are Reduced; Failure Will Lead to the Full Extent of the Sentence Being Imposed

If on the other hand, if you did not successfully complete that program then the felony would remain, which you’ve already plead guilty to. The misdemeanor would fall by the wayside, and it would only remain for you to be sentenced on the felony. Typically, the sentence would then be substantially more than otherwise, if you failed the drug program.

Interviewer: Using that example alone that you gave how long would a program like that take?

Michael Kramer: Six months to a year.

Can the Charge Be Sealed after the Individual Completes the Diversion Program?

Interviewer: Now, if that’s completed, and every thing’s done the way it should be or ought to have been, would that individual be able to seal that particular felony?

New York State Does Not Allow Sealing or Expungement of Felony or Misdemeanor Convictions

Michael Kramer: There are no sealing provisions for a felony in New York. Unfortunately, it would remain on your record, available to any future employers that have access to it.

Interviewer: Would they be able to expunge the charge?

Michael Kramer: No, a felony conviction cannot be expunged. A misdemeanor conviction you cannot expunge. There is no expungement provision statute in New York. You can get certain convictions sealed, but those usually involve minor convictions for a violation.

If you’re convicted of a crime you cannot get a conviction expunged without for example a pardon from the Governor.

There is a provision in the law for sealing of convictions less than misdemeanor, but misdemeanor and felony are not sealed, and certainly not expunged.

Alford Plea: A Plea of No Contest Is Rarely Used in New York State

Interviewer: What situation would it be beneficial for someone to plead no contest?

Michael Kramer: Those types of pleas are rarely used in New York. There really isn’t a no contest plea that can be entered. There are certain circumstances where a client can plead to something without admitting the facts, which is very rare.

This is based upon a Supreme Court case, which says that under rare circumstances you can plead to a case because you admit that you’re guilty, but because the penalty for going to trial and being convicted is so severe. That you want to plead guilty anyway.

Therefore, you want to enter a plea of guilty even though you’re not acknowledging factually that you are guilty. Judges do not like to accept those types of pleas, which are called Alford pleas, because no judge wants to sentence someone if they’re not admitting they did anything wrong.

What Is An Alford Plea?

An Alford plea is a type of guilty plea where the defendant claims that he or she is innocent of the crime that they are being charged with. Moreover, in an Alford Plea, though the defendant claims that he or she is innocent of the crime, they admit that the evidence against them brought forth by the prosecution is enough to prove that they are guilty beyond a reasonable doubt.

An Alford plea is entered when the defendant and his or her attorney have determined that entering it is in their best interest because the evidence against them will most likely lead to a conviction. Usually, when someone enters a plea of guilty, the court will convict the defendant of a lesser crime. In other words, the penalties under the conviction may be less harsh if the defendant enters a plea of guilty.

Why Would Someone Take An Alford Plea?

Even though Alford pleas are uncommon or rare in the state of New York, they can still be entered. Defendants may use an Alford plea because even though they know that they will most likely end up with a criminal conviction, they still want to maintain an innocent claim. While the plea is similar to a no contest, the defendant has accepted that he or she and their attorney cannot successfully defend against their charges. By accepting the penalties and still not admitting guilt, the court may be swayed to deliver a less stringent punishment.

Can An Alford Plea Be Expunged?

Similar to all other guilty pleas, once convicted, you are not able to get a conviction expunged. In the state of New York, once a felony or misdemeanor conviction is admitted, it cannot be expunged. So, in response to – Can an Alford Plea be expunged? The answer is no, it cannot.

Though you are not able to get felonies or misdemeanor convictions expunged in New York, you should still seek the legal assistance of an expungement attorney in Westchester County. An expungement attorney may be able to assist you with an alternative solution depending on your situation. For instance, even though expungements are not available in New York, sealings of criminal records are possible.

Pursuant to New York Criminal Procedure Law § 160.59, some individuals who are residents of Westchester County may have the opportunity to get their criminal record sealed. Under this particular state law, if a person has a record that contains no more than two misdemeanor convictions, or one felony and one misdemeanor conviction, he or she can request the court to seal their criminal record. The person requesting the sealing of their criminal record will also have to have been crime-free for ten years.

Having your criminal record sealed can be extremely beneficial. If a criminal record is sealed, the general public, including employers, will not be able to access the record. However, law enforcement authorities and government agencies are still able to access a sealed criminal record. Though not completely sealed off from everyone, it is still a much better alternative to having your record widely available.