I was arrested and charged with 2 counts of petit larceny last year while working for a former employer. I was wrongly accused, as I lost some money that was supposed to be deposited. When they reviewed the bank footage it shows that I was there, but the bank had said it had no record of the deposit. Anyhow, I received 2 ACDs from the DA to help me move on with life. They were given to me about a month ago. My question is will this affect employment? Its not a government job, and I understand that when the 6 months is up it technically didn't happen. But I'm wondering if this will bar me from employment. I am trying to support myself and my fiancee while she finishes law school here in Albany. Thanks for your input, I appreciate any information you can offer.
It will show as an open case until the acd period is over, so it may create a problem for you to get employment. It depends on the employer.
I am a criminal defense and DWI/DUI attorney practicing in Westchester and the NYC Metro area. My answers are intended for general informational purposes only, based upon the limited information provided in the questions, and do not constitute legal advice or establish any attorney-client relationship. All readers of my answers are advised to contact an attorney in order to discuss their questions in full and get full answers. Thank you.
It shows as an open case during the 6 month period and you could have a problem with FDIC institutions because under Rule 19 your ACDs are considered a deferred adjudication.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
It depends on the timing and the type of work. For 6 months (unless the time period was negotiated down) the matter is not "dismissed and sealed." It would show up in a semi-sophisticated background check which included a criminal record check. If you must disclose during the 6 month period, you should speak to your lawyer on how to truthfully address the issue in an effective manner. It may also help to have a copy of a certificate of disposition which would show an employer that the matter is scheduled to be dismissed and sealed shortly.
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