My case resulted with ACD for misdemeanor (shoplifting). Now I have a professional licensure application which asks "Have you ever been found guilty after trial, or pleaded guilty, no contest, or nolo contenders to a crime (misdemeanor or felony) in any court?"
I'm just wondering if I have to check "yes" or "no" to this question.
I read other forums that NY doesn't use nolo contendere?
I also want to know, when they run my fingerprints, what will it show up on the record/finding?
Thanks in advance.
Although I don't practice in NY, an ACD is adjourned in contemplation of dismissal. Assuming the defendant does well during the adjournment the case is dismissed. If you never entered a plea before the adjournment (which I think is typical), then you were never found guilty of this offense which was then dismissed. I think the answer to the licensure question in your case is No. But lets see what NY lawyers have to say.
They are different. Nolo contendere means you do not contest your guilt. NY does not use nolo contenfere. An ACD results in the case being dismissed and sealed. Assuming you have nothing else, the answer on the form is NO. However, the ACD may show up for 6 months until it is dismissed unless your lawyer asked for immediate sealing.
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NY does not have a nolo contendere or no contest plea. Even if it did an ACD would be a better disposition. An ACD if granted allows for case to be dismissed and sealed as though it never legally happened and you have never been found guilty after trial, or pleaded guilty, no contest, or nolo contenders to a crime (misdemeanor or felony) in any court. You can safely answer NO. Whether it would show up on a fingerprint check would depend on what kind of license you are applying for but either way it shouldn't effect you negatively.
I agree with the last answer given that an Adjournment in Contemplation of Dismissal is different than nolo contendre because your case is actually not only dismissed (as long as you don't get arrested for anything new within six months of the granting date) and all records get expunged, which means they disappear. That's a lot better than a nolo plea since that simply means "I'm not contesting the charges" and the state offers an administrative outcome that is similar to the ACD in NY.
I also agree you can simply say "NO".
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