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NY: pot possession and federal financial aid

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nystudent08

Junior Member
What is the name of your state? New York

My spouse and I were recently issued desk tickets for unlawful possession of marijuana in Manhattan and will be appearing in court next month. Research has taught us the following:
-in many, but not all, cases such as ours (personal use, no criminal record), the arraignment ends with ACD/ACOD/adjournment on consideration of dismissal, which "postpones" the case, and, provided we don't get into trouble in the next 6-12 months, the charges will be dismissed and files sealed and our records remain clean
-if we plead guilty and pay the necessary fine, we will be ineligible for federal financial aid (Stafford loans and etc) next year. We are both graduate students.

What we'd like to know is, would an ACD render us ineligible for federal financial aid prior to the dismissal, since the case is technically open for 6-12 months? The lawyer I consulted with didn't know about financial aid specifically, but he did say that in the past this has been a problem with immigration and city employment (i.e., your name pops up on a list indicating your case is pending, even though it will be dismissed and erased from your record in a few months).
This lawyer also suggested that, if ACD does indeed cause us to lose our aid, we might plead to Disorderly Conduct. I'm struggling to figure out what is more valuable in the long run: a clean record or low interest rates on astronomical education loans? The clean record, right?

Advice/knowledge appreciated. Thank you in advance.
 


seniorjudge

Senior Member
Q: What we'd like to know is, would an ACD render us ineligible for federal financial aid prior to the dismissal, since the case is technically open for 6-12 months?

A: This is one of those golden rule cases: He who hath the gold maketh the rules. So ask the folks with the dough. None of us has opinions you can take to the bank.
 

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