QUESTION

Will an ACD show up on my record?

Asked on Dec 25th, 2014 on Criminal Law - New York
More details to this question:
I was 18 years old, now 24, charged with shoplifting and I was given ACD and I had to attend a class for it. I stayed out of trouble from then on and now I am going for a government job. But when I was charged I wasn't placed under arrest by the officer or finger printed. Do I need to list this incident or is it off my record like it was never there?
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1 ANSWER

The purpose of an ACD is to restore the recipient to the same status they occupied immediately before their arrest. So in essence an ACD is meant to vacate the arrest. The effectiveness of that varies greatly depending on how the court sealed the record and who is looking at you record. For the most part an ACD should not show unless there was an error in the way the case was closed or the person or agency doing the background check has access to your fingerprint based rap sheet. Please feel free to call my office to discuss the particulars of you situation.
Answered on Dec 29th, 2014 at 4:29 PM

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