You can only have a criminal record if you have been arrested and plead guilty to a crime or are found guilty of a crime after trial. However, even though you were not arrested on the date of the incident, the police have up to two years to prosecute you for misdemeanor charges. This is known as the Statute of Limitations. Since they did not arrest you when this happened, it is unlikely that they will do so now but theoretically possible.
Legal disclaimer: All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com
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