My question involves criminal law for the state of New York.

My daughter was arrested last April, the 23rd of April 2008, for C/P Marijuana- 5th:Public Place (B Misdemeanor). She was 17 years old at the time. She was told by the Judge that this was her only "free pass" and was given an ACD for one year. She did not have to do anything besides stay out of trouble for a year, then this would be dismissed. I see on the New York Unified Court System website that this ACD is on the calendar for April 24, 2009. My daughter has not been in any trouble since the above-mentioned incident.

My questions are: (1) Does this charge AUTOMATICALLY get dismissed or does she actually have to show up at the courthouse on that date and go before a Judge? (2) Is the record then "sealed", or is it like she was never arrested before and destroyed? I know that she can answer "no" to ever being convicted of a crime, but would she have to answer "yes" to having ever been arrested?

I appreciate your help with this matter. Thank you.

Kamm