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Received ACD a few times and didn't get in trouble in time period,do I need to state on job applications that I was arrested?

Brooklyn, NY |

Got arrested 3 times, Criminal Mischief 5th Degree, received 1 year ACD, didn't get in trouble for a year. was arrested for Graffiti , received 6 month ACD, didn't get in trouble in that time, and last time Possession of a Weapon 5th degree (A Knife) and the case was dropped. Do I need to state on job applications that I was arrested if they were all dismissed?
Thanks

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Attorney answers 4

Posted

If the case was dismissed and sealed pursuant to an ACD, state law allows you to answer that you have never been arrested.

Asker

Posted

Thank you so much, this is great news considering i'm trying to get into the NYPD

Posted

Usually job applications don't ask whether you've been arrested, because that dosen't mean much ("innocent before proven guilty", and all that). They usually ask whether "have you been convicted of a crime", which technically means a felony or misdemeanor (something punishable by more than 15 days in jail, and not a criminal violation or traffic infraction, which is something with less of a penalty, such as a fine).

Unless you've been convicted of a crime (even if you got probation or a suspended sentence), you can answer "no" to this question. And even if you have to answer "yes", an employer cannot necessarily dismiss your job application under state and federal civil rights laws (see links below)

Jack Richard Lebowitz

Jack Richard Lebowitz

Posted

Mr. Lieberman is also correct that if your charges were ACD'ed (Adjournment in Contemplation of Dismissal), and you did not reoffend within the ACOD period, the charges were dismissed, hence you were not convicted of a crime and need not report it on a job application. The only job applications that would ask about arrests might be something with heightened standards than normal employment applications, such as working in law enforcement, for the military, in schools, or for a security clearance, for instance, not normal job employment applications.

Asker

Posted

Thank you so much, this is great news considering i'm trying to get into the NYPD

Posted

Arrests records are usually sealed with ACD after time set by court if you stayed out of trouble.

Hire a lawyer to protect your legal rights. Good Luck.

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Asker

Posted

Thank you so much, this is great news considering i'm trying to get into the NYPD

Jeffrey Jose Estrella

Jeffrey Jose Estrella

Posted

You're very welcome. Good luck with the career.

Posted

The ACD records should all be sealed after the time period is up. If the other case was dismissed then you should not have a record.