Legal Question in Criminal Law in New York

Re: Have I been convicted of a crime?

Without seeing your paperwork, it is not possible to give you a definitive answer. But, it sounds like you received what we call an "ACD," for "Adjournment in Contemplation of Dismissal." The case is adjourned for 6 months provided you (a) pay the restitution/fees; and (b) don't get rearrested for anything new in the intervening time.

What is SUPPOSED to happen is that after the time -in your case the 6 months - the Court is supposed to (a) dismiss the charges; and (b) seal your records. Unfortunately, many courts never bother doing that - illegal yes, but not much you can do about it, except as follows.

1. Call the Court clerk of the Court you were in [it will be the Criminal Division of the Clerks office, versus small claims or civil]; give them the date [month/year] that you were in Court and ask if (a) the charge was dismissed; and (b) if your record was sealed.

2. If they say "yes," to the dismissal then as a matter of law, you have NOT been found guilty of a crime and can truthfully answer "no" to the question, as to whether or not you have been "convicted" of that bad check charge.

But, if the court hasn't sealed the record, it very well may show up on a records check, so ask the Clerk (politely), what you need to do to get it sealed? With any luck, the Clerk will take care of it.

I hope this helps. Good luck.

Don Rehkopf

Re: Have I been convicted of a crime?

You probably were granted an ACD - Adjournment in Contemplation of Dismissal. It simply means that the case is adjourned for 6 months - if you don't get in any more trouble - it is dismissed. If that is the case - then the dismissal is NOT a conviction and you may honestly answer that question in the negative.