Yes---it has to be mentioned.
Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
Were you arrested or just given a pink summons? If you were arrested then the truthful answer is YES.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
An ACD is not a conviction of any kind. Until the case is actually sealed, the case is an open public record and anyone, including prospective employers, can see the pending charges. Whether you were arrested depends on what happened that led to the charge you received the ACD for. It is possible to get an ACD on a pink summons which is not an arrest. Check out my guide to understanding the ACD in New York that I wrote for this site.
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. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com
Arrested - Yes
Convicted - No
If applying for a municipal or law enforcement job, you should be fully forthcoming because they will have the information relating to the ACD.
If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com
Read the job application carefully. The question is 99% of the time for most jobs (except, for instance law enforcement) whether you have been CONVICTED OF A CRIME (that is, a felony or misdemeanor for which the sentence can be more than 15 days in prison, not a violation such as disorderly conduct or traffic infraction).
In the case of an ACOD, the charge will be dismissed after the probationary period, in which case you will have NOT been convicted.
You can honestly answer no to a question about conviction but yes to question about arrest. If you are applying for law enforcement jobs, you should say yes all around because they can see it even if it is sealed.
Hire an attorney today to protect your legal rights.
Jeffrey J. Estrella, Esq.
Licensed Attorney and Counsellor At Law/Abogado y Licensiado
Licensed in New York, New Jersey, and Connecticut
The Estrella Law Firm, P.C.
75-20 Astoria Boulevard, Suite 170
Inside The Bulova Corporate Center
Jackson Heights, NY 11370
T. (347) 628-2391
F. (718) 672-4728
The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20 minute consultation! THE ESTRELLA LAW FIRM, P.C. “LEGAL REPRESENTATION AND CONSULTING SERVICES THAT GO THE EXTRA MILE” -- Jeffrey J. Estrella, Esq. Licensed Attorney and Counsellor At Law/Abogado y Licensiado Licensed in New York, New Jersey, and Connecticut The Estrella Law Firm, P.C. 75-20 Astoria Boulevard, Suite 170 Inside The Bulova Corporate Center Jackson Heights, NY 11370 T. (347) 628-2391 F. (718) 672-4728 E. Estrella.Jeffrey@gmail.com www.EstrellaLawyer.com