Please i will appreciate your advice and help

Asked over 3 years ago - Brooklyn, NY

my question is ,i had a previous arrest in new york and released under ACD ,
does this prevent me to get a medical licensure in the state of illinois .
the problem was in jan 2009 i did nt pay anything and i did nt spend anytime in jail and the lawyer told me that the problem will be dismissed sealed after 6 month .this is the only problem all my life

Attorney answers (4)

  1. Thomas Arthur Kenniff

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Once the 6 month ACD period has expired, the record is dismissed and sealed, the prosecution is deemed a nullity, and you should suffer no prejudice as a result of the ACD> Simply stated, this should not be a concern for you.

    Best of luck in your profession,

    Tom Kenniff

  2. Eric Edward Rothstein

    Contributor Level 20

    Answered . No worries. ACD stands for Adjournment In Contemplation of Dismissal. The case was dismissed and the records sealed 6 months after you accepted the ACD. It should not affect your getting a medical license.

  3. George Peter Conway

    Contributor Level 17

    Answered . I am not admitted to practice in Illinois and therefore cannot speak to the laws of Illinois or the requirements to obtain a medical license in Illinois. I am admitted to practice law in New York and can state that pursuant to NY CPL 170.55 “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". You can clearly deny having ever been convicted of a crime. But, you should still consult with a local lawyer about how you should answer any question asking if you have ever been arrested. You were arrested but it was later deemed a nullity. You do not want to be denied licensure simply based upon a determination that you were not candid on your application.There are also companies that assist medical graduates with the licensure procedure. You should obtain a certificate of disposition from the court as proof that your case was adjourned in contemplation of dismissal and was dismissed.

  4. George Peter Conway

    Contributor Level 17

    Answered . I am not admitted to practice in Illinois and therefore cannot speak to the laws of Illinois or the requirements to obtain a medical license in Illinois. I am admitted to practice law in New York and can state that pursuant to NY CPL 170.55 “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". You can clearly deny having ever been convicted of a crime. But, you should still consult with a local lawyer about how you should answer any question asking if you have ever been arrested. You were arrested but it was later deemed a nullity. You do not want to be denied licensure simply based upon a determination that you were not candid on your application.There are also companies that assist medical graduates with the licensure procedure. You should obtain a certificate of disposition from the court as proof that your case was adjourned in contemplation of dismissal and was dismissed.

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