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Do i have to mark yes on a job application if asked have i ever been arrested or convicted, if i was given an ACD & disposition?

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do i have to mark yes on a job application if asked have i ever been arrested or convicted, if i was given an ACD & disposition? My case is scheduled to be sealed on march 20th of this year, in about two months, is an ACD an open case that has to be stated on a job application?

Attorney Answers 6

Posted

Yes---it has to be mentioned.

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

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Posted

But isn't an ACD not considered an arrest or conviction after the seal date? I was wrongfully arrested. I brought a car and the dealer provided temporary plates that the police said looked funny, & arrested me for "criminal possession of a forged instrument", which they wouldn't tell me why they were arresting during the time, they told me this way later, then switched the reason when I spoke to an attorney. All of this just to prove the plates were legit. So after the ACD seal date will I still have to put yes for arrest on job applications? It's not fair.

Joseph A Lo Piccolo

Joseph A Lo Piccolo

Posted

it is not considered an arrest after the seal date HOWEVER, the potential employer is asking an improper question as they are not supposed to ask you about arrests. That being said, as other attorney's have stated, saying NO is a lie and not a good idea in case they have a way to look into sealed files like asking a cousin in the police force etc...

Posted

Were you arrested or just given a pink summons? If you were arrested then the truthful answer is YES.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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Posted

But isn't an ACD not considered an arrest or conviction after the seal date? I was wrongfully arrested. I brought a car and the dealer provided temporary plates that the police said looked funny, & arrested me for "criminal possession of a forged instrument", which they wouldn't tell me why they were arresting during the time, they told me this way later, then switched the reason when I spoke to an attorney. All of this just to prove the plates were legit. So after the ACD seal date will I still have to put yes for arrest on job applications? It's not fair.

Asker

Posted

But isn't an ACD not considered an arrest or conviction after the seal date? I was wrongfully arrested. I brought a car and the dealer provided temporary plates that the police said looked funny, & arrested me for "criminal possession of a forged instrument", which they wouldn't tell me why they were arresting during the time, they told me this way later, then switched the reason when I spoke to an attorney. All of this just to prove the plates were legit. So after the ACD seal date will I still have to put yes for arrest on job applications? It's not fair.

Asker

Posted

But isn't an ACD not considered an arrest or conviction after the seal date? I was wrongfully arrested. I brought a car and the dealer provided temporary plates that the police said looked funny, & arrested me for "criminal possession of a forged instrument", which they wouldn't tell me why they were arresting during the time, they told me this way later, then switched the reason when I spoke to an attorney. All of this just to prove the plates were legit. So after the ACD seal date will I still have to put yes for arrest on job applications? It's not fair.

Asker

Posted

Sorry it posted several times

Posted

An ACD is not a conviction of any kind. Until the case is actually sealed, the case is an open public record and anyone, including prospective employers, can see the pending charges. Whether you were arrested depends on what happened that led to the charge you received the ACD for. It is possible to get an ACD on a pink summons which is not an arrest. Check out my guide to understanding the ACD in New York that I wrote for this site.

All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com

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Posted

But isn't an ACD not considered an arrest or conviction after the seal date? I was wrongfully arrested. I brought a car and the dealer provided temporary plates that the police said looked funny, & arrested me for "criminal possession of a forged instrument", which they wouldn't tell me why they were arresting during the time, they told me this way later, then switched the reason when I spoke to an attorney. All of this just to prove the plates were legit. So after the ACD seal date will I still have to put yes for arrest on job applications? It's not fair.

Richard C. Southard

Richard C. Southard

Posted

Even if you went to trial and were acquitted, it wouldn't change the fact that you were arrested. Remember an arrest means simply that you were accused of a crime.

Richard C. Southard

Richard C. Southard

Posted

Even if you went to trial and were acquitted, it wouldn't change the fact that you were arrested. Remember an arrest means simply that you were accused of a crime.

Asker

Posted

Ok. Thank you.

Posted

Arrested - Yes
Convicted - No

If applying for a municipal or law enforcement job, you should be fully forthcoming because they will have the information relating to the ACD.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com

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Posted

But isn't an ACD not considered an arrest or conviction after the seal date? I was wrongfully arrested. I brought a car and the dealer provided temporary plates that the police said looked funny, & arrested me for "criminal possession of a forged instrument", which they wouldn't tell me why they were arresting during the time, they told me this way later, then switched the reason when I spoke to an attorney. All of this just to prove the plates were legit. So after the ACD seal date will I still have to put yes for arrest on job applications? It's not fair.

Jeffrey Bruce Gold

Jeffrey Bruce Gold

Posted

Very few job applications ask if you've been "arrested". You were arrested, the charges were dismissed. You can answer 'No' but certain employers would consider that a false answer.

Posted

Read the job application carefully. The question is 99% of the time for most jobs (except, for instance law enforcement) whether you have been CONVICTED OF A CRIME (that is, a felony or misdemeanor for which the sentence can be more than 15 days in prison, not a violation such as disorderly conduct or traffic infraction).

In the case of an ACOD, the charge will be dismissed after the probationary period, in which case you will have NOT been convicted.

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Posted

But isn't an ACD not considered an arrest or conviction after the seal date? I was wrongfully arrested. I brought a car and the dealer provided temporary plates that the police said looked funny, & arrested me for "criminal possession of a forged instrument", which they wouldn't tell me why they were arresting during the time, they told me this way later, then switched the reason when I spoke to an attorney. All of this just to prove the plates were legit. So after the ACD seal date will I still have to put yes for arrest on job applications? It's not fair.

Jack Richard Lebowitz

Jack Richard Lebowitz

Posted

After the ACD period, if you don't get into trouble, the charges are DISMISSED (that's what the "D" stands for). Dismissed charges =/= "conviction".

Posted

You can honestly answer no to a question about conviction but yes to question about arrest. If you are applying for law enforcement jobs, you should say yes all around because they can see it even if it is sealed.

Hire an attorney today to protect your legal rights.

Jeffrey J. Estrella, Esq.
Licensed Attorney and Counsellor At Law/Abogado y Licensiado
Licensed in New York, New Jersey, and Connecticut
The Estrella Law Firm, P.C.
75-20 Astoria Boulevard, Suite 170
Inside The Bulova Corporate Center
Jackson Heights, NY 11370
T. (347) 628-2391
F. (718) 672-4728
E. Estrella.Jeffrey@gmail.com
www.EstrellaLawyer.com

The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20 minute consultation! THE ESTRELLA LAW FIRM, P.C. “LEGAL REPRESENTATION AND CONSULTING SERVICES THAT GO THE EXTRA MILE” -- Jeffrey J. Estrella, Esq. Licensed Attorney and Counsellor At Law/Abogado y Licensiado Licensed in New York, New Jersey, and Connecticut The Estrella Law Firm, P.C. 75-20 Astoria Boulevard, Suite 170 Inside The Bulova Corporate Center Jackson Heights, NY 11370 T. (347) 628-2391 F. (718) 672-4728 E. Estrella.Jeffrey@gmail.com www.EstrellaLawyer.com

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Posted

But isn't an ACD not considered an arrest or conviction after the seal date? I was wrongfully arrested. I brought a car and the dealer provided temporary plates that the police said looked funny, & arrested me for "criminal possession of a forged instrument", which they wouldn't tell me why they were arresting during the time, they told me this way later, then switched the reason when I spoke to an attorney. All of this just to prove the plates were legit. So after the ACD seal date will I still have to put yes for arrest on job applications? It's not fair.

Jeffrey Jose Estrella

Jeffrey Jose Estrella

Posted

It is still an arrest but you are not convicted of anything. If you feel it was unfair, you can consult with a licensed lawyer about suing for wrongful arrest or excessive force. Generally, there is no rap sheet of the offense except for law enforcement purposes.

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