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ACD still pending dismissal, what are the implications on FAFSA/student loans?

New York, NY |

Offense occurred in the state of NY.
CPL 220.03 -
Received an ACD. I was required to do 25 hours of service, which I have already completed. I have about 4 more months until the dismissal "ripens."

The question on the FAFSA only asks about drug convictions. In an ACD, there is no entry into a guilty plea so I was able to truthfully say no to those questions. However, I have four more months left of this pending drug charge -- will this affect my ability to receive federal student loans?

Attorney Answers 3


Key is wording on the application. Does it states drug conviction or drug arrest?

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Posted Those are the questions. It only asks about convictions.

Jayson Lutzky

Jayson Lutzky


Case is adjourned in contemplation of dismissal and you were not convicted of a drug offense. After the time is up the entire charges are dismissed. The original charge is a drug related charge but the question conviction and not charge.


I agree that the key wording is conviction.


Erick Platten

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1 lawyer agrees


FAFSA only seems to be concerned with convictions and if one is institutionalized in a criminal facility. An ACD is not a conviction and once the ACD ripens into a dismissal is a disposition in favor of the accused.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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