+ Reply to Thread
Page 1 of 3 123 LastLast
Results 1 to 15 of 32
Like Tree4Likes

Thread: Got An ACD: But Do I Still Have An Arrest Record?

  1. #1
    Brama is offline Junior Member
    Join Date
    Apr 2013
    Posts
    16

    Got An ACD: But Do I Still Have An Arrest Record?

    In 2005 I was arrested while living in NY and was later at court given an ACD. I stayed out of trouble these past years and I recently called the Clerk of the Court and verified that my case is in fact sealed.

    I've since moved to NJ and am seeking employment (nothing military or Government/Police related) and am confused about what to say if asked if I was ever arrested. I've read conflicting opinions and really need to know some correct info.

    -Since my record has been sealed does that also mean that I no longer have an arrest record that's traceable and am free to say that I have never been arrested on an application? Again, I've read that the sealed record after an ACD also includes the arrest being sealed but I also read the opposite.

    Thanks for any help.
  2. #2
    HighwayMan is offline Senior Member
    Join Date
    Aug 2009
    Location
    The Galaxy at Large
    Posts
    5,644
    You WERE arrested so why would you think it's okay to lie about that?

    There is nothing to seal - that doesn't apply here. You were arrested and the charge was dismissed. That's exactly what will show up on your criminal history.
  3. #3
    Brama is offline Junior Member
    Join Date
    Apr 2013
    Posts
    16
    Quote Originally Posted by HighwayMan View Post
    You WERE arrested so why would you think it's okay to lie about that?

    There is nothing to seal - that doesn't apply here. You were arrested and the charge was dismissed. That's exactly what will show up on your criminal history.
    I'm just trying to figure out if thats true because Im getting conflicting information. I've read the following:

    "answered 3 years ago. From the NY Bar Association:
    "Any arrest which is not pending or did not result in a conviction is not considered an arrest according to New York criminal laws. N.Y. Executive Law Section 296, subdivision 16, prohibits such a question with limited exceptions, for example on applications to become a policeman. A file that has been sealed also allows the applicant to answer no. New York Criminal Procedure Law Section 160.50 which requires the sealing states that when a criminal action terminates in a person's favor all records shall be sealed "and not made available to any person. An ACD is a form of dismissal of charges and is not a conviction."

    And I also read the following from one of the Law boards:

    "Though I agree that one must always be honest, if your case is already dismissed and sealed as a result of a ACD then you may legitimately answer that you were never arrested. I am providing the relevant sections of CPL 170.56 for you. Specifically note subparagraph number 4 where it states that the arrest is a NULLITY.

    (3). Upon or after dismissal of such charges against a defendant not previously convicted of a crime, the court shall order that all official records and papers, relating to the defendant's arrest and prosecution, whether on file with the court, a police agency, or the New York state division of criminal justice services, be sealed and, except as otherwise provided in paragraph (d) of subdivision one of section 160.50 of this chapter, not made available to any person or public or private agency; except, such records shall be made available under order of a court for the purpose of determining whether, in subsequent proceedings, such person qualifies under this section for a dismissal or adjournment in contemplation of dismissal of the accusatory instrument.
    (4). Upon the granting of an order pursuant to subdivision three, the arrest and prosecution shall be deemed a nullity and the defendant shall be restored, in contemplation of law, to the status he occupied before his arrest and prosecution."


    I also called the precinct where I was arrested who put me through to the records dept. where I was told my arrest record was sealed and wouldnt pop up on any search due to the fact that it's sealed. She said it would only show up if I was going for a police type job or trying to get a gun but not for any civilian type job. So I really don't know what to think.
  4. #4
    cbg
    cbg is offline Senior Member
    Join Date
    Nov 2001
    Location
    Massachusetts
    Posts
    34,061
    You don't like the answers you got down the street; you don't like the answers you're getting here.

    Bottom line; pay an attorney to answer you.
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  5. #5
    Brama is offline Junior Member
    Join Date
    Apr 2013
    Posts
    16
    Quote Originally Posted by cbg View Post
    You don't like the answers you got down the street; you don't like the answers you're getting here.

    Bottom line; pay an attorney to answer you.

    Thank you, your reply was helpful.
  6. #6
    HighwayMan is offline Senior Member
    Join Date
    Aug 2009
    Location
    The Galaxy at Large
    Posts
    5,644
    I arrested someone last Saturday night for a DWI. I ran a criminal history on her which is standard procedure. She showed up with a misdemeanor arrest from 1972 for which the disposition was an ACD. The arrest is still recorded along with the disposition of the charges.

    There are several online services around that you can use to run a criminal history on yourself to see what is there. Be advised that this may not be the same thing that a law enforcement or similar agency will see when THEY run a criminal history check on you.

    Bottom line is you got arrested. If asked on an application if you were ever arrested you're taking a chance if you lie.
  7. #7
    HighwayMan is offline Senior Member
    Join Date
    Aug 2009
    Location
    The Galaxy at Large
    Posts
    5,644
    Quote Originally Posted by Brama View Post
    I also called the precinct where I was arrested who put me through to the records dept...
    Calling a city precinct and expecting any kind of accurate answer is fantasy at best.
  8. #8
    You Are Guilty is offline Senior Member
    Join Date
    Jun 2004
    Posts
    10,941
    Incidentally, NY Executive Law 296 only prohibits certain New York employers from asking about arrests. It has no bearing whatsoever on someone from New Jersey.
    Zigner and HighwayMan like this.
    Quote Originally Posted by Tranquility
    Once you get to crazy land, it is only a guess on how to get out.
  9. #9
    Brama is offline Junior Member
    Join Date
    Apr 2013
    Posts
    16
    Quote Originally Posted by HighwayMan View Post
    I arrested someone last Saturday night for a DWI. I ran a criminal history on her which is standard procedure. She showed up with a misdemeanor arrest from 1972 for which the disposition was an ACD. The arrest is still recorded along with the disposition of the charges.

    There are several online services around that you can use to run a criminal history on yourself to see what is there. Be advised that this may not be the same thing that a law enforcement or similar agency will see when THEY run a criminal history check on you.

    Bottom line is you got arrested. If asked on an application if you were ever arrested you're taking a chance if you lie.

    Thanks for your reply and for sharing your experience. Can you recommend any particular one of those online services that I can use to run a criminal history check?
  10. #10
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
    Posts
    53,243
    Quote Originally Posted by Brama View Post
    Thanks for your reply and for sharing your experience. Can you recommend any particular one of those online services that I can use to run a criminal history check?
    Try http://bit.ly/13XYmnp
    Stevef likes this.
  11. #11
    Brama is offline Junior Member
    Join Date
    Apr 2013
    Posts
    16
    Quote Originally Posted by You Are Guilty View Post
    Incidentally, NY Executive Law 296 only prohibits certain New York employers from asking about arrests. It has no bearing whatsoever on someone from New Jersey.
    Thanks. I was mostly posting the specific law quotes to show the parts which state that the arrest is nullified after an ACD and that (so it says) I can answer "no" to the arrest question.
  12. #12
    betachains is offline Member
    Join Date
    Feb 2012
    Posts
    335
    The truthful answer would be that you were arrested. Depending on the nature of the job for which you are applying, you may want to own up to it and the subsequent disposition (ACD). After all, it happened 8 years ago.

    Publicly available (paid) online criminal searches are hit or miss. I know several people with definite misdemeanor convictions who turned up negative on their searches. Employers often use specialized background-check firms with access to better databases, and may (for higher fees) search local courthouses in your recent counties of residence. And, as already mentioned, law enforcement and government entities have the best resources. In other words, your potential employer's background check may be different from what you find out on your own.

    Your best bet would be to check for your criminal record on the FBI and NY databases. Just Google for the paperwork.
  13. #13
    Brama is offline Junior Member
    Join Date
    Apr 2013
    Posts
    16
    Quote Originally Posted by betachains View Post
    The truthful answer would be that you were arrested. Depending on the nature of the job for which you are applying, you may want to own up to it and the subsequent disposition (ACD). After all, it happened 8 years ago.

    Publicly available (paid) online criminal searches are hit or miss. I know several people with definite misdemeanor convictions who turned up negative on their searches. Employers often use specialized background-check firms with access to better databases, and may (for higher fees) search local courthouses in your recent counties of residence. And, as already mentioned, law enforcement and government entities have the best resources. In other words, your potential employer's background check may be different from what you find out on your own.

    Your best bet would be to check for your criminal record on the FBI and NY databases. Just Google for the paperwork.
    Thanks for your help. :O) I have thought about just telling the truth if/when Im asked about ever being arrested but you know it wont be looked upon too favorably no matter what the reason was. I suppose I could make up any reason for being arrested if I wanted to.
    Yes, the truthful answer would be that I was arrested but I was basically trying to figure out if the arrest would ever show up on an employers check or did the ACD render that not possible.
  14. #14
    HighwayMan is offline Senior Member
    Join Date
    Aug 2009
    Location
    The Galaxy at Large
    Posts
    5,644
    Some employers do no complete background checks until well after employment is started.

    If you lie, be prepared to be terminated 6 months (for instance) down the road if your employer finds any discrepancies.
  15. #15
    Brama is offline Junior Member
    Join Date
    Apr 2013
    Posts
    16
    Quote Originally Posted by HighwayMan View Post
    Some employers do no complete background checks until well after employment is started.

    If you lie, be prepared to be terminated 6 months (for instance) down the road if your employer finds any discrepancies.

    OK, thanks. Do background checks show exactly why I was arrested/give the reason or just that there was an arrest and/or sealed court case?

Similar Threads

  1. Is there a difference between a Criminal Record and a Arrest Record?
    By dvupp in forum Arrests, Searches, Warrants & Procedure
    Replies: 1
    Last Post: 05-17-2006, 10:11 PM
  2. arrest record?
    By mipwtf in forum Arrests, Searches, Warrants & Procedure
    Replies: 5
    Last Post: 05-31-2004, 02:53 PM
  3. arrest record
    By buttrick in forum Civil Litigation
    Replies: 1
    Last Post: 09-15-2003, 12:46 AM
  4. Arrest record
    By mx123420022002 in forum Arrests, Searches, Warrants & Procedure
    Replies: 1
    Last Post: 09-09-2002, 10:59 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.