3 years ago I received a ticket for UPM 221.05 (did not get arrested). I went to court and got a 1 year ACD. A year later (possibly even during the first ACD), I received another ticket UPM 221.05 (again, did not get arrested). When I went to court for the 2nd time, the judge mentioned nothing of my prior ticket and gave me another year of ACD yet again. Would any of these show up on a background check or a RAP sheet? I have not heard anything of these incidents since.
PL 221.05 is a violation, not a crime. In any event, the ACDs resulted in dismissals. You did not receive a criminal record due to these cases. They should be sealed by now.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 22 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
An ACD is, ultimately, a Dismissal of all charges. Assuming you have datisfied the 6 month ACD period without the DA reviving the charges ( seems like they have not) you have no criminal record. Nothing should show up on a background check of your public record. However, if you are ever arrested again it is likely that your two ACDs will appear. A dismissal requires that all records be sealed — but they are sealed for the public and. Ever for law enforcement.
The ACDs would dismiss the cases after one year, so you have no record. They shouldn't show in background checks.
I am a former Brooklyn Criminal Court Deputy Bureau Chief with over 22 years experience specializing in handling criminal cases. All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. Also, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication.
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