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  1. #1
    Join Date
    Dec 2007
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    10

    Default Employer Inquiry About Criminal Record After ACD

    Hi, I'm 17 years old from NY and today I just got back from court without even seeing a judge. I went to the cashier and after I presented them with my docket number they said I was allowed to go back home with ACD. they said after 6 months my case will be dismissed.

    My question is, does this mean that if employers ask me if I was ever arrested of a crime do I have to say yes? And are records of my arrest going to be held or will they be terminated?
    Thanks.

  2. #2
    Join Date
    Apr 2009
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    Inland Empire
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    Default Re: 17 and Charged with Shoplifting. Record Inquiry

    Quote Quoting minsin
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    Hi, I'm 17 years old from NY and today I just got back from court without even seeing a judge. I went to the cashier and after I presented them with my docket number they said I was allowed to go back home with ACD. they said after 6 months my case will be dismissed.

    My question is, does this mean that if employers ask me if I was ever arrested of a crime do I have to say yes? And are records of my arrest going to be held or will they be terminated?
    Thanks.
    If the question on the application is have you ever been arrested, the answer is yes. If the question on the application is have you ever been convicted, the answer is yes.

    You are going to have a difficult time getting a job. This is not legal advice, but if I were you, I'd stay away from retail and the service industry. Sadly you have severly limited yourself. good luck.

  3. #3
    Join Date
    Dec 2007
    Posts
    10

    Default Re: 17 and Charged with Shoplifting. Record Inquiry

    wait I have to say yes to have I ever been convicted?
    isnt that case dismissed by ACD though?
    EDIT
    my crime was a misdemeanor of 200$ Petit Larceny.
    and in wiki it says that
    In criminal procedure, the defendant subject to the Adjournment in Contemplation of Dismissal is restored to the status he or she occupied prior to arrest, either during or after the period of adjournment that accompanies the ACD: that is, all records of the arrest and charges are non-existent after the period of time for which the ACD applies; however, a local law enforcement record of the arrest is retained by default, unless explicitly expunged.
    so doesnt that mean i wasnt convicted?

  4. #4
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    Apr 2009
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    Inland Empire
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    Default Re: 17 and Charged with Shoplifting. Record Inquiry

    Quote Quoting minsin
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    wait I have to say yes to have I ever been convicted?
    isnt that case dismissed by ACD though?
    I think there is a stiplution of IF. The IF being IF you don't get in trouble again. Another member with experience specific to NY law will correct me if I am wrong.

  5. #5
    Join Date
    Mar 2009
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    5

    Default Re: 17 and Charged with Shoplifting. Record Inquiry

    I recently went through the same thing in NYC.

    If you stay out of trouble for 6 months, your ACD will be granted. Once your ACD is granted, your criminal record is completely sealed. Nothing will show up on a background check by employers. If you are asked "Have you been convicted of a misdemeanor?" in an interview, assuming you have not been arrested for other things, you will say no, because an ACD means you weren't convicted, the case was dismissed.

    I was told that because of the ACD even my arrest record (fingerprints, mugshot) are sealed now, too. Legally, a potential employer is NOT allowed to ask you if you've been arrested. If they do, you can either tell them the question is illegal, or you can say that you have been (you can't say you haven't, because you have, but you could tell them it's sealed), but hopefully it won't come to that because it's a sticky situation.

    Hope that helps.

  6. #6
    Join Date
    Jul 2005
    Location
    Texas
    Posts
    254

    Default Re: 17 and Charged with Shoplifting. Record Inquiry

    Quote Quoting scrapnel
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    Legally, a potential employer is NOT allowed to ask you if you've been arrested. If they do, you can either tell them the question is illegal, or you can say that you have been (you can't say you haven't, because you have, but you could tell them it's sealed), but hopefully it won't come to that because it's a sticky situation.

    Hope that helps.
    Thats crap! Any potential employer has the right and there isn't a law, federal or state that prohibits an employer from asking any applicant if they have been arrested or convicted of a crime.

  7. #7
    Join Date
    Mar 2007
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    9,096

    Default Re: Employer Inquiry About Criminal Record After ACD

    By the way, the crime is not sealed from EVERYONE.

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,219

    Default Re: Employer Inquiry About Criminal Record After ACD

    Just for clarification purposes:

    The law does NOT prohibit employers from asking about arrests. At least not Federal law; I have not reviewed all the state laws to see if any of them do.

    What the law says is that making employment decisions on arrests rather than convictions CAN (not does - CAN) have an adverse impact on certain protected groups. Therefore, the EEOC strongly discourages (but does not prohibit) questions about arrests.

  9. #9
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
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    5,252

    Default Re: Employer Inquiry About Criminal Record After ACD

    Quote Quoting cyjeff
    View Post
    By the way, the crime is not sealed from EVERYONE.
    Agree. There are still certain employers/agencies that can have this criminal history furnished them on a background check.

  10. #10
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Employer Inquiry About Criminal Record After ACD

    Techinal in new york with an acd,I googled it before.Everything should be sealed,there not suppose to use it against you. There always a chance especially with computers and stuff,eventually someone might find it. Certain goverment or federal jobs may be able to see it. The arrest shouldn't effect at all in new york.


    I was arrested ten years ago when I was nineteen for possession of a small amount of an illegal drug. I received an adjournment in contemplation of dismissal (ACD) under which my case was adjourned for six months and the file sealed. If I am in the employers' premises applying for a job and filling out a written application which asks whether I have ever been arrested or convicted of a crime what answer should I give? (NY)

    Any arrest which is not pending or did not result in a conviction is not considered an arrest according to New York criminal laws. N.Y. Executive Law Section 296, subdivision 16, prohibits such a question with limited exceptions, for example on applications to become a policeman. A file that has been sealed also allows the applicant to answer no. New York Criminal Procedure Law Section 160.50 which requires the sealing states that when a criminal action terminates in a person's favor all records shall be sealed "and not made available to any person." An ACD is a form of dismissal of charges and is not a conviction. I got the info from the site below.

    http://www.ilawyer.com/library/FAQ_criminal_defense.jsp

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