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I was arrested (first time) for misdemeanor 3 month ago and I went to court once recently, where Judge adjourned my case....

Brooklyn, NY |

I was told by Judge that if I will not be arrested within 3 month my case will be dismissed and sealed. My employer is offering a permanent position now, but they will do background check, including criminal check. My Question is: Will it come up on Background check? If yes what are my options? Following is the question on background check:
Have you ever been convicted of, plead guilty, no contest or nolo contendere, to a misdemeanor or felony?* *Do not report any conviction that has been sealed, expunged, statutorily eradicated, annulled, impounded, erased, dismissed under the First Offender’s law, pardoned by the Governor or in which state law allows you to lawfully deny as set forth below.You are also not required to disclose violations, infractions, petty misdemeanors or summary offens

Attorney Answers 3

  1. It sounds like you were offered an Adjournment in Contemplation of Dismissal (ACD), the case will not appear on an employer's background check and you can honestly answer 'no' to the question on the application. Good luck.

  2. You got an ACD but it will show up during the 3 month period. Hire a criminal defense lawyer to try and get the case dismissed and sealed now. I do this often. It may depend on the charge and county where the case is.

    The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

  3. Prior to the date your case is finally dismissed and sealed, it will show up on a check. You can try to have the case advanced and dismissed, which might be worth the money.

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