ACD Misdemeanor and Employment

(On Campus Interviews, Summer Associate positions, Firm Reviews, Tips, ...)
Forum rules
Anonymous Posting

Anonymous posting is only appropriate when you are revealing sensitive employment related information about a firm, job, etc. You may anonymously respond on topic to these threads. Unacceptable uses include: harassing another user, joking around, testing the feature, or other things that are more appropriate in the lounge.

Failure to follow these rules will get you outed, warned, or banned.
Anonymous User
Posts: 273509
Joined: Tue Aug 11, 2009 9:32 am

ACD Misdemeanor and Employment

Postby Anonymous User » Mon Jun 04, 2012 6:26 pm

Hey all,
Just wondering if any of you had any experience with background check/ACD misdemeanors in the state of New York. I was arrested last fall in NYC for something stupid (misdemeanor), but since it was my first time and a relatively minor offence, they gave me what is called an Adjournment in Contemplation of Dismissal, with a 6 month probation period. How I understood it was that if I stayed out of trouble for 6 months, my record would be wiped. I've already gone the 6 months without any further issues, but I'm unsure of whether an arrest record will show up on a background search or not. Do any of you have a definitive answer of what exactly is currently on my record?

Any help would be appreciated.

Anonymous User
Posts: 273509
Joined: Tue Aug 11, 2009 9:32 am

Re: ACD Misdemeanor and Employment

Postby Anonymous User » Mon Jun 04, 2012 8:09 pm

bump, nobody has any experience with this?

omg clay aiken !
Posts: 58
Joined: Tue Apr 17, 2012 12:25 pm

Re: ACD Misdemeanor and Employment

Postby omg clay aiken ! » Mon Jun 04, 2012 9:40 pm

You are fine. Pleading to an ACD is not an admission of any responsibility and it will not appear on a criminal background check. An ACD is like a one-time get out of jail free card in New York: the case is adjourned for 6 months, and as long as you stay out of trouble for those 6 months (which you did), the case is dismissed (which it was). If, hypothetically, you had been charged with another offense within that 6 month period, the DA's office would have had the OPTION of bringing back the charge that you received the ACD for, but it isn't mandatory. This isn't even a concern anymore so you don't need to worry about it.

(I worked in the criminal defense clinic at my law school in New York)

CanadianWolf
Posts: 10439
Joined: Wed Mar 24, 2010 4:54 pm

Re: ACD Misdemeanor and Employment

Postby CanadianWolf » Mon Jun 04, 2012 9:53 pm

Run a criminal background check on yourself. You might be surprised at what shows up.

omg clay aiken !
Posts: 58
Joined: Tue Apr 17, 2012 12:25 pm

Re: ACD Misdemeanor and Employment

Postby omg clay aiken ! » Mon Jun 04, 2012 11:07 pm

CanadianWolf wrote:Run a criminal background check on yourself. You might be surprised at what shows up.


I guarantee it won't be on there because the state offers ACDs to prevent time-consuming litigation over minor misdemeanor or violation charges. People have an incentive to take the ACD because it really is a dismissal of the charges. If an ACD appeared on a criminal record, there would be essentially no incentive for a defendant to accept it. (people offered an ACD like the OP generally have no criminal record and thus, even if the OP went to trial on the misdemeanor and lost, he would know that, realistically, a small fine is the most he would be exposed to in terms of a sentence. so if ACDs appeared on criminal records, the collateral consequences of that (ex: trouble getting a job) would deter people like the OP from ever taking an ACD, and everyone would just roll the dice at trial and clog up the gears of justice). sorry that was a long ramble...

NotMyRealName09
Posts: 1395
Joined: Mon Nov 09, 2009 5:50 pm

Re: ACD Misdemeanor and Employment

Postby NotMyRealName09 » Tue Jun 05, 2012 12:38 am

I'm not a licensed NY attorney, but in all likelihood the court never adjudged you guilty, thus, no crime on your record.

Using my advanced legal google skills, it appears you didn't even enter a plea yet, so no conviction. And mere arrests aren't likely to show up on a background check. I know you're looking for a definate answer. For that, you'll need more specialized criminal justice knowledge than this (lawyers don't actually administer the criminal justice system - post-lawschool I was amazed at how little I knew about how cops actually operate, yet these are the most common sorts of questions from friends and family). But I'm comfortable telling you that you likely have nothing to worry about.

You might want to confirm your case was dismissed, however, even though it should occur automatically. Just call the court clerk and confirm, it's just that easy.

§ 170.55 Adjournment in contemplation of dismissal.
1. Upon or after arraignment in a local criminal court upon an
information, a simplified information, a prosecutor's information or a
misdemeanor complaint, and before entry of a plea of guilty thereto or
commencement of a trial thereof, the court may, upon motion of the
people or the defendant and with the consent of the other party, or upon
the court's own motion with the consent of both the people and the
defendant, order that the action be "adjourned in contemplation of
dismissal
," as prescribed in subdivision two.
2. An adjournment in contemplation of dismissal is an adjournment of
the action without date ordered with a view to ultimate dismissal of the
accusatory instrument in furtherance of justice. Upon issuing such an
order, the court must release the defendant on his own recognizance.
Upon application of the people, made at any time not more than six
months, or in the case of a family offense as defined in subdivision one
of section 530.11 of this chapter, one year, after the issuance of such
order, the court may restore the case to the calendar upon a
determination that dismissal of the accusatory instrument would not be
in furtherance of justice, and the action must thereupon proceed. If the
case is not so restored within such six months or one year period, the
accusatory instrument is, at the expiration of such period, deemed to
have been dismissed by the court in furtherance of justice.
3. In conjunction with an adjournment in contemplation of dismissal
the court may issue a temporary order of protection pursuant to section
530.12 or 530.13 of this chapter, requiring the defendant to observe
certain specified conditions of conduct.
4. Where the local criminal court information, simplified information,
prosecutor's information, or misdemeanor complaint charges a crime or
violation between spouses or between parent and child, or between
members of the same family or household, as the term "members of the
same family or household" is defined in subdivision one of section
530.11 of this chapter, the court may as a condition of an adjournment
in contemplation of dismissal order, require that the defendant
participate in an educational program addressing the issues of spousal
abuse and family violence.
5. The court may grant an adjournment in contemplation of dismissal on
condition that the defendant participate in dispute resolution and
comply with any award or settlement resulting therefrom.
6. The court may as a condition of an adjournment in contemplation of
dismissal order, require the defendant to perform services for a public
or not-for-profit corporation, association, institution or agency. Such
condition may only be imposed where the defendant has consented to the
amount and conditions of such service. The court may not impose such
conditions in excess of the length of the adjournment.
7. The court may, as a condition of an adjournment in contemplation of
dismissal order, where a defendant is under twenty-one years of age and
is charged with (a) a misdemeanor or misdemeanors other than section
eleven hundred ninety-two of the vehicle and traffic law, in which the
record indicates the consumption of alcohol by the defendant may have
been a contributing factor, or (b) a violation of paragraph (a) of
subdivision one of section sixty-five-b of the alcoholic beverage
control law, require the defendant to attend an alcohol awareness
program established pursuant to subdivision (a) of section 19.07 of the
mental hygiene law.
8. The granting of an adjournment in contemplation of dismissal shall
not be deemed to be a conviction or an admission of guilt. No person
shall suffer any disability or forfeiture as a result of such an order.
Upon the dismissal of the accusatory instrument pursuant to this

section, the arrest and prosecution shall be deemed a nullity and the
defendant shall be restored, in contemplation of law, to the status he
occupied before his arrest and prosecution.
9. Notwithstanding any other provision of this section, a court may
not issue an order adjourning an action in contemplation of dismissal if
the offense is for a violation of the vehicle and traffic law related to
the operation of a motor vehicle (except one related to parking,
stopping or standing), or a violation of a local law, rule or ordinance
related to the operation of a motor vehicle (except one related to
parking, stopping or standing), if such offense was committed by the
holder of a commercial driver's license or was committed in a commercial
motor vehicle, as defined in subdivision four of section five hundred
one-a of the vehicle and traffic law.

NotMyRealName09
Posts: 1395
Joined: Mon Nov 09, 2009 5:50 pm

Re: ACD Misdemeanor and Employment

Postby NotMyRealName09 » Tue Jun 05, 2012 12:54 am

omg clay aiken ! wrote:
CanadianWolf wrote:Run a criminal background check on yourself. You might be surprised at what shows up.


I guarantee it won't be on there because the state offers ACDs to prevent time-consuming litigation over minor misdemeanor or violation charges. People have an incentive to take the ACD because it really is a dismissal of the charges. If an ACD appeared on a criminal record, there would be essentially no incentive for a defendant to accept it. (people offered an ACD like the OP generally have no criminal record and thus, even if the OP went to trial on the misdemeanor and lost, he would know that, realistically, a small fine is the most he would be exposed to in terms of a sentence. so if ACDs appeared on criminal records, the collateral consequences of that (ex: trouble getting a job) would deter people like the OP from ever taking an ACD, and everyone would just roll the dice at trial and clog up the gears of justice). sorry that was a long ramble...


:evil: Lawyer guarantees are the malpractice devil's soulfood. You've been warned. :twisted:

Banish that word from your vocabulary right now. Probably. Probably is the correct answer.

Anonymous User
Posts: 273509
Joined: Tue Aug 11, 2009 9:32 am

Re: ACD Misdemeanor and Employment

Postby Anonymous User » Tue Jun 05, 2012 1:06 am

Depends on what you mean by "background check." Random law firm? Probably nothing shows. Law-enforcement/sensitive position? The arrest is almost 100% likely to pop; slightly lower chance if you just got a citation/desk-summons. And if you're talking fed or some states' DA/PD/AG doing the check, you're going to have to disclose the arrest either way (or perjure yourself, which would be incredibly stupid and easily proven).

But either way, not likely to matter unless it was violent or a crime of dishonesty (like fake-ID). Not even prosecutors give a shit about most alcohol-related misd's any more, or they wouldn't be able to hire anyone that went to UG in a college town.

CanadianWolf
Posts: 10439
Joined: Wed Mar 24, 2010 4:54 pm

Re: ACD Misdemeanor and Employment

Postby CanadianWolf » Tue Jun 05, 2012 9:03 am

Once again: Have a criminal background check run on yourself. You might be surprised at what shows up.

This is your safest course of action--in addition to complete disclosure if required.
Records are compiled by humans. Human error occurs regardless of the provisions of any statute.




Return to “Legal Employment”

Who is online

The online users are hidden on this forum.