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Will my arrest show up on my background check ?

Bronx, NY |
Filed under: Criminal defense

I was arrested for petit larceny , was given a desk appearance ticket . In court I was given a ACD & was told to stay out of trouble for six months . I also did community service . I was told that my case should be sealed after the six months. I'm now applying for a security guard job & would like to know if my arrest and case would show up in my background check ?

Attorney Answers 5


  1. Since it is still an open case, it will probably show up, especially for a security guard job.


  2. During the 6 month ACD period the arrest charge and the ACD will show up.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  3. If you are in the 6 month period, then the ACD will show up. After the 6 months, then it should NOT show up, but, you should double-check.


  4. You do not indicate where you received the ACD. You have 6 months from the date of receiving the ACD for dismissal & sealing. Additionally they cannot ask about arrests only convictions

    The advice I have given does not bind the parties in any manner and is merely given as a courtesy.


  5. During the period your ACD is open, your arrest and charge will likely appear on a background check. Once your ACD expires, the charges should be dismissed and arrest taken off your record.

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