Just Wondering

[nyhov11]

What is the name of yourWhat is the name of your state? NY

I was charged with possession of marijuana in Oct. 05 in NYC. Although there were some outright lies in the police report as to why I was pulled over, my public defense attorney told me the DA was willing to an ACOD (no guilt), as it was my first offense, and no reason not to take it. Upon research of NY law, it states my case will be sealed in Oct. 06 to everyone including employment companies, except law enforcement agencies and gun permit departments. And my status will go back to the time before the arrest. 1) Have I researched correctly? 2) In later years, do I answer 'NO' to "have you ever been arrested"? 3) A friend had an identical case a year before and did not receive any paperwork that after the year was up the case was dismissed. Is there any way I can confirm the dismissal in Oct. 06 without requesting a criminal background check on myself?

Thank you for your time

[seniorjudge]

Originally Posted by nyhov11

What is the name of yourWhat is the name of your state? NY

I was charged with possession of marijuana in Oct. 05 in NYC. Although there were some outright lies in the police report as to why I was pulled over, my public defense attorney told me the DA was willing to an ACOD (no guilt), as it was my first offense, and no reason not to take it. Upon research of NY law, it states my case will be sealed in Oct. 06 to everyone including employment companies, except law enforcement agencies and gun permit departments. And my status will go back to the time before the arrest. 1) Have I researched correctly? 2) In later years, do I answer 'NO' to "have you ever been arrested"? 3) A friend had an identical case a year before and did not receive any paperwork that after the year was up the case was dismissed. Is there any way I can confirm the dismissal in Oct. 06 without requesting a criminal background check on myself?

Thank you for your time

There is no way that the government can assure you that this will never show up again.

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[rlrl]

I am familiar with NY records as i have one myself. As far as i know an ACD (adjournment in contemplation of dismissal) is supposed to mean the charge is held for 6-12 months and the DA has the option of re-opening the case. if the defendant stays out of trouble during that time period the records will be sealed under 160.50 of the NY CPL. Once sealed under 160.50, the fingerprints are destroyed, DA records/ police records sealed, prints recalled from the FBI, and court records/disposition sealed. Only a court order, police investigation for pistol permit or the defendants notarized permission can unseal the records. It's sometimes called "disposition favorable to the defendant".

In addition, a sealing under 160.50 means that any job applicant asked if they've ever been arrested (supposedly an illegal question in NY-only the police can ask that question) can legally say "no" and deny the existence of the arrest.

If you want to do a full background on your record, in October when it is suppoed to be sealed (actually it takes a little longer-can take up to 4-5 months) send for your court disposition record to see if it has been sealed

[rlrl]

to my knowledge that the case is dismissed. usually when the defendant leaves court the judge gives the defendant a carbon slip with the type of case and what will happen to the case if they stay out of/don't stay out of trouble. Usually that the defendant understands that they must lead a law abiding life if they want the charge to be dismissed and what will happen if they get arrested again.

My case was over on 6/21/96. My record was officially sealed by the court on 6/23/97. However they didn't get around to sealing the DA papers until 7/5/97 and the police images weren't sealed until 11/7/97.

So give it a few months more before you check.

[nyhov11]

Thank you very much for your helpful info. Believe you me I will be clean as a whistle, and those papers will be sealed tight. After the judge at the arraignment told me to stay clean for a year, I was waiting around for a paper or any document, but received nothing, just a push towards the back door leading to the street. I will wait a few months after the year is up to confirm it in order to put my mind at ease. Thanks again