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If you get an ACD dismissal for a misdemeanor, do you have to go about expunging your records?

Staten Island, NY |

If granted an ACD dismissal I was told in 6months, my record will be back the way it was before this first offense. It just seemed too good to be true. But how is an ACD dismissal reflected on paper?

If I apply for work right now with a pending charge, what will it say? Will it list what the charge was for? Will it turn up empty because their is no conviction?

After an ACD, will everythign be blank?

But even if you do get an acd dismissal, I heard that it can still be seen by regular background check? I do not understand that?

Attorney Answers 1

Posted

With the exception of a recent law allowing for expungement of prostitution convictions in sex trafficing cases, NY does not have expungement. A pending ACD likely shows up as an ACD and lists the original charge. After the 6 month period is up, the case is dismissed and sealed and should not show up at all on most background checks. I believe it does show up if you apply for a job in law enforcement or education. If you call the Department of Criminal Justice Services in Albany they may be able to give you a definative answer as it maintains the records.

The above is for informational purposes only and not meant as legal advice.

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