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  1. #1

    Default Do I Have to Answer "Yes" While Waiting for My ACD to Be Dismissed

    My question involves a background check in the State of: New York

    I received a disorderly conduct ticket in Brooklyn for riding my bike on the sidewalk and not showing the officer ID in August. The judge gave me an ACD that will be sealed in February. The only problem is that I'm an unemployed high school teacher who came to New York in July to find work!

    When applying for my New York State teaching license, it asks "Have you ever been found guilty after trial, or pleaded guilty, no contest, nolo contendere, or had adjudication withheld to a crime (felony or misdemeanor) in any court?" Do I have to answer "YES"? What if I wait until February?

  2. #2
    Join Date
    Sep 2010
    Posts
    6,626

    Default Re: Do I Have to Answer "Yes" While Waiting for My Acd to Be Dismissed

    Worded like that, I would expect you always have to answer YES to that even after your dismissal.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,902

    Default Re: Do I Have to Answer "Yes" While Waiting for My Acd to Be Dismissed

    Are we talking about a felony or misdemeanor here, or are we talking about an infraction?

  4. #4

    Default Re: Do I Have to Answer "Yes" While Waiting for My Acd to Be Dismissed

    I should have clarified that I was told that it would go down as a violation, not a misdemeanor.

  5. #5
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,241

    Default Re: Do I Have to Answer "Yes" While Waiting for My Acd to Be Dismissed

    Quote Quoting gennyskylark
    View Post
    "Have you ever been found guilty after trial, or pleaded guilty, no contest, nolo contendere, or had adjudication withheld to a crime (felony or misdemeanor) in any court?"
    If it asks about a felony or misdemeanor, then you can answer no if it was a violation.
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  6. #6

    Default Re: Do I Have to Answer "Yes" While Waiting for My ACD to Be Dismissed

    OK, this is weird, I thought I had it figured out but I just received a letter in the mail.

    When I turned 21, my dad made me get a pistol permit. I had forgotten about it, but now I'm being asked to turn in my pistol permit because of the "Class A Misdemeanor" charges I was arrested on. I never received any paperwork from the court documenting what the charges were against me, or what the trial outcome was. How can I find out what's going on so I can keep looking for a job?

  7. #7
    Join Date
    Nov 2007
    Posts
    1,176

    Default Re: Do I Have to Answer "Yes" While Waiting for My ACD to Be Dismissed

    Request a copy of your criminal back round from the state or go to the court and ask for a copy of disposition,it should cost 5-15 dollars. It will list the original charge and outcome . If this is your only offense it shouldn't affect gun ownership,disorderly conduct is a violation in ny. Aggravated DO is a misdemeanor but since you got an acd the case is considered pending and then droped if u stay out of trouble. If you only received one of those pink summons for a volition I wouldn't worry to much about it .

    For that question I would put the charge is pending but will be dismissed after 6 months. It's kind of trick b.c adjudication hasn't been withhold,it's more like you have a charge pending until the time passes. I would try to call someone regarding the gun issue . An acd stands for ACOD - adjournment in contemplation of dismissal. It would answer no to that question but if it's ask about pending cases or offense then yes. (misdemeanor or felony -no),just read the question careful.

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