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How long does it take before an ACD is cleared from your record?

Jamaica, NY |

I received an ACD in November and am graduating college and beginning to apply for jobs. I just want to make sure that future employers will not be able to find this on my record!

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Attorney answers 3

Posted

It depends on what kind of ACD you received. If the original charge was related to a marijuana offense it will take a year otherwise it's six months. Good luck

Richard C. Southard

Richard C. Southard

Posted

"otherwise it's six months"... unless it's a designated family offense in which case it is also a year.

Benjamin J Lieberman

Benjamin J Lieberman

Posted

Yes you mentioned that already in your answer.

Posted

Actually there are three different circumstances for length of an ACD. In marijuana cases, under CPL 170.56, the case is dismissed and sealed. In most other cases, Under CPL 170.55 the case will be dismissed and sealed after six months. The exception is a family offense as designated by Section 530.11 which also requires a one year waiting period.

Richard Southard
212-385-8600
I am a former Deputy Bureau Chief with the Kings County DA’s Office with over 15 years experience specializing in criminal law cases. I offer free in-person, phone and video consultations.

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

Posted

6 months for most normal charges and 1 year for marijuana or domestic cases.

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.

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