Legal Question in Criminal Law in New York

ACD dismissal

When you get an ACD how are these questions answered within the 6 month probation period and after the 6 month period??

ever been arrested?

ever been arrested and or convicted?

ever been arrested and convicted?


Asked on 5/31/07, 10:29 am

3 Answers from Attorneys

James Kats James S. Kats, Esq.

Re: ACD dismissal

You should NEVER be asked (by a potential or current employer) if you have been ARRESTED. It's an improper question; after all, an arrest proves nothing.

If asked whether you have been convicted of a crime or anything else, your answer is NO. An ACD is not a conviction. It's an adjournment; after the adjournment period, the charges are dismissed automatically.

James Kats, Esq. www.lawjsk.com

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Answered on 6/02/07, 3:30 pm

Re: ACD dismissal

ever been arrested? YES

ever been arrested and or convicted?YES

ever been arrested and convicted? NO

An ACD is not a conviction. It ends up being a dismissal. The 6 month period is not probation.

This reply is intended as informational only and not as legal advise as there is no attorney-client relationship.

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Answered on 5/31/07, 10:42 am
Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: ACD dismissal

Mr. Rothstein is correct. ACD stands for Adjournment in contemplation of dismissal. The case is basically put on hold for six months or in some cases one year (family offenses & marihuana). The time is not probation however the prosecutor can make a motion if you get arrested on a new case or do not follow the Court's instructions to have the case restored to the calender within that six month period.

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Answered on 5/31/07, 2:34 pm


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