Full question:
I was misrepresented by an attorney 17 years ago and plead guilty to aggravated harassment and contempt of court which he said was expunged, but he lied. I want to be a teacher and to know if this conviction will be a problem. Should I try to get it vacated in the interest of justice?
- Category: Criminal
- Subcategory: Expungement of Criminal Records
- Date:
- State: New York
Answer:
To address your situation, it's important to clarify whether the contempt charge was civil or criminal, as this can affect your options. Generally, there are strict time limits for filing appeals. In criminal cases, you typically have thirty days to appeal after the judgment or order is served. Extensions may be granted in some circumstances, but they are usually limited to one year after the sentence.
If you are considering vacating your conviction, you may want to explore the legal process for doing so. This could involve filing a motion to vacate the judgment under New York law, specifically under section 440.10 of the Criminal Procedure Law, which allows for vacating a judgment based on specific grounds.
Since you wish to become a teacher, it’s crucial to understand how this conviction may impact your ability to obtain a teaching license. Many educational institutions conduct background checks, and a conviction may affect your eligibility. Therefore, seeking to vacate the conviction could be beneficial in your pursuit of a teaching career.
For more detailed guidance, consider consulting with a legal professional who can provide advice tailored to your specific circumstances.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.