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  1. #1
    Join Date
    Oct 2009
    Posts
    3

    Default ACD and Background Checks

    This is in the state of New York

    Hello All,
    I was arrested about 2 months for criminal trespassing. I went to court and received an ACD (Adjournment in Contemplation of Dismissal) for 6 months.
    I am currently applying for a local government job and have some questions regarding this ACD.

    The application says "List all convictions and/or pending charges against you"

    and a little before that it says"you do not have to disclose any material sealed, expunged or set aside under Federal or State law..."

    My concern is: I dont know where the ACD fits into all of this. Based on what I've read for an ACD in NY the case is dismissed the day it is adjourned (day I appeared in court) and is sealed once the 6 months that the ACD runs for are up. It certainly isnt a conviction. Is it a pending charge? Is it set a set aside? Has it already been dismissed?

    This is confusing me and any relevant information would be greatly helpful.
    Thank you for your replies.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: ACD and Background Checks

    The ACD doesn't seem to fall under any of the listed categories; the most suitable category may well be "pending" because the case is not yet resolved. I suggest asking HR if they require you to disclose an ACD.

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