Received ACD a few times and didn't get in trouble in time period,do I need to state on job applications that I was arrested?

Asked almost 2 years ago - Brooklyn, NY

Got arrested 3 times, Criminal Mischief 5th Degree, received 1 year ACD, didn't get in trouble for a year. was arrested for Graffiti , received 6 month ACD, didn't get in trouble in that time, and last time Possession of a Weapon 5th degree (A Knife) and the case was dropped. Do I need to state on job applications that I was arrested if they were all dismissed?
Thanks

Attorney answers (4)

  1. Benjamin J Lieberman

    Contributor Level 20

    6

    Lawyers agree

    1

    Answered . If the case was dismissed and sealed pursuant to an ACD, state law allows you to answer that you have never been arrested.

  2. Jeffrey Jose Estrella

    Contributor Level 13

    6

    Lawyers agree

    1

    Answered . Arrests records are usually sealed with ACD after time set by court if you stayed out of trouble.

    Hire a lawyer to protect your legal rights. Good Luck.

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  3. Jack Richard Lebowitz

    Pro

    Contributor Level 18

    5

    Lawyers agree

    1

    Answered . Usually job applications don't ask whether you've been arrested, because that dosen't mean much ("innocent before proven guilty", and all that). They usually ask whether "have you been convicted of a crime", which technically means a felony or misdemeanor (something punishable by more than 15 days in jail, and not a criminal violation or traffic infraction, which is something with less of a penalty, such as a fine).

    Unless you've been convicted of a crime (even if you got probation or a suspended sentence), you can answer "no" to this question. And even if you have to answer "yes", an employer cannot necessarily dismiss your job application under state and federal civil rights laws (see links below)

  4. Arkady Bukh

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . The ACD records should all be sealed after the time period is up. If the other case was dismissed then you should not have a record.

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Criminal charges

Criminal charges are formal accusations in court that someone has committed a crime. Criminal charges have many classifications and degrees of severity.

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