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Adjournment in Comtemplation of Dismissal in NY

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evizu

Junior Member
What is the name of your state (only U.S. law)? NY

There are a few question I have for ACOD/ACD, Adjournment in Comtemplation of Dismissal.

Okay so first of all, I got arrest from best buy for shoplifting. I have brought to court and hired a lawyer. My lawyer was able to me an ACOD since it was my first offense. An ACOD from what I know is that if I dont get in trouble/arrest for 6 months this would be erased from my record. I was also given 6 hours of community service. I've completed the community service and now it has almost been 6 months.

Now my question is that when does my 6 months end?
Is it 6 months from the date that I got arrested?
or
Is it 6 months from the date of my last court date?
or
Is it 6 months from when I completed the community service?

Also is there a way I can check if it has been erased from the record? Somewhere I can call like the police station I was brought to?

This is very important to me because I am currently looking for a job and I have no clue what to put on my application.

If more information is needed just ask. Thank You.
 


xylene

Senior Member
What is the name of your state (only U.S. law)? NY

There are a few question I have for ACOD/ACD, Adjournment in Comtemplation of Dismissal.

Okay so first of all, I got arrest from best buy for shoplifting. I have brought to court and hired a lawyer. My lawyer was able to me an ACOD since it was my first offense. An ACOD from what I know is that if I dont get in trouble/arrest for 6 months this would be erased from my record. I was also given 6 hours of community service. I've completed the community service and now it has almost been 6 months.

Now my question is that when does my 6 months end?
Is it 6 months from the date that I got arrested?
or
Is it 6 months from the date of my last court date?
or
Is it 6 months from when I completed the community service?

Also is there a way I can check if it has been erased from the record? Somewhere I can call like the police station I was brought to?

This is very important to me because I am currently looking for a job and I have no clue what to put on my application.

If more information is needed just ask. Thank You.
Answer questions truthfully, as you have no convictions. ;)

Try to avoid arrest for a solid year to be sure. :D
 

donkort

Member
If you do not get in any more trouble, and can prove you performed the community service, an ACD is dismisssed six months from the court appearance where the ACD was offered and accepted. Actually....one business day less than six months. If you received the ACD on February 3rd, let's say, you case would (in the vast majority of cases) be dismissed on August 2nd, or the business day before August 3rd. Did you submit proof of your community service on the day (or before the day) it was required to be submitted?
 

evizu

Junior Member
If you do not get in any more trouble, and can prove you performed the community service, an ACD is dismisssed six months from the court appearance where the ACD was offered and accepted. Actually....one business day less than six months. If you received the ACD on February 3rd, let's say, you case would (in the vast majority of cases) be dismissed on August 2nd, or the business day before August 3rd. Did you submit proof of your community service on the day (or before the day) it was required to be submitted?
Yes I submitted my community service and I'm already done with that just have to wait until the 6 month is done. Okay thank you now I know exactly the date when my 6 month is over.

@xylene, or anyone who can help

my 6 month is not over yet, I have 1 more month until it is, so as of now what should I write on my job application if they ask if I've been convicted of a crime that has not been sealed by court yet?
 

donkort

Member
You haven't been "convicted" of a crime as of yet. You could truthfully answer "no" if you're asked if you've been "convicted" of a crime. Your case is still pending.

If you're asked if you've been "arrested," however, you must say "yes" until your case is dismissed and sealed. After dismissal and sealng, the correct answer is "no."

Good luck on your job search.
 

evizu

Junior Member
You haven't been "convicted" of a crime as of yet. You could truthfully answer "no" if you're asked if you've been "convicted" of a crime. Your case is still pending.

If you're asked if you've been "arrested," however, you must say "yes" until your case is dismissed and sealed. After dismissal and sealng, the correct answer is "no."

Good luck on your job search.
This answered my question, thank you for the help!
 

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