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Shoplifting ACD 4.5 years ago. Compliance questionnaire at new job! Please help!

New York, NY |

Hi!
Just got a job in banking and they took fingerprints on 3 cards(not sure how this works). I am also required to fill out the compliance questionnaire. Do I need to disclose my ACD? The wording of the question is as follows:
Have you been involved in any event that was not resolved in your favor or subsequently reversed, suspended or vacated in a criminal or civil action in a court in which you were: convicted or pled guilty or no contest to a felony or misdemeanor, or were the named subject of a pending criminal proceeding (any of the foregoing referred to hereafter as "action")

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Attorney answers 5

Posted

In my opinion, no, because once the time for an ACD (Adjournment in Contemplation of Dismissal) to be finished has passed (usually 6 months) you should no longer have to disclose it since the charges are now dismissed.

Posted

It sounds like you were named as the subject of a pending criminal proceeding that resulted in an ACD. If you do not mention that case that was dismissed and sealed, the employer might move for termination based on your answer. The question is not worded well but it is possible that your ACD might have to be disclosed. Good luck.

I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: howard@brooklynlaw.net. This answer is only for informational purposes and is not meant as legal advice.

Posted

Technically an ACD was an adjournment in contemplation of dismissal. Therefore, it was resolved in your favor- it was dismissed. It is unknown what charge was ACDed, was it a felony or a misdemeanor? If it was a violation, then it was neither a felony nor a misdemeanor. It may not have been a pending criminal proceeding if it was a violation. You can also answer yes and disclose it was an ACD which is relatively minor.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

John J. Carney

John J. Carney

Posted

He does not have to disclose an ACD and should not as it is a "nullity" and in his favor and to disclose it may hurt his chances.

Posted

Assuming your ACD has expired without you re-offending, you do not have to disclose the matter since it was resolved in your favor and/or subsequently vacated.

Posted

It is not a conviction, it was "in your favor" and you do not have to disclose it as it is considered a "nullity."

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