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Adjournment in contemplation of dismissal (ACD) background checks

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jjj_d

Junior Member
Hello,

I received an ACD after getting a pink summons for being in central park (NYC) after hours. I have two questions;

1) After my case is dismissed, would this show up in background checks?

2) How do I answer this question: "Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?" Should it be "no"? Note that I was not physically arrested but I did receive a pink summons that required me to show up to court.

Thanks.
 


You Are Guilty

Senior Member
Well, it won't show up on a NYS criminal history record search or a private background check, but I would think that there is a record of it somewhere, no?

If one were to apply to, say, NYPD and deny the incident occurred, I would be very surprised if that could not be fact checked.
 

Just Blue

Senior Member
Well, it won't show up on a NYS criminal history record search or a private background check, but I would think that there is a record of it somewhere, no?

If one were to apply to, say, NYPD and deny the incident occurred, I would be very surprised if that could not be fact checked.
Agreed.

Also if OP were to say...apply to the FBI or CIA or NSA...And state that OP had never been in jail? Ya...Not good.

"Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?"

Say Yes! And clarify.

Good luck to you Hon


Happy Hollidays!!

Blue
 

HighwayMan

Super Secret Senior Member
Well sure, there is a piece of paper sitting in a file cabinet somewhere.

I'd be very surprised if it could be found during any type of check.
 

Just Blue

Senior Member
Well sure, there is a piece of paper sitting in a file cabinet somewhere.

I'd be very surprised if it could be found during any type of check.
BUT!! When applying for a JOB (as I stated) it WILL be found out. And there is that oath thingy...:rolleyes:

You know that...Yup,,,I know you do!! :)

Now If OP is just going after a "Paper or Palstic" or "Would you like to Super Size your order" kinda job...IMHO...OP will be "okay". ;)

But that is JMHO
 

jjj_d

Junior Member
Agreed.

Also if OP were to say...apply to the FBI or CIA or NSA...And state that OP had never been in jail? Ya...Not good.

"Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?"

Say Yes! And clarify.

Good luck to you Hon


Happy Hollidays!!

Blue
I'm a bit confused, I've never been to jail nor have I been legally arrested. I was simply given a pink summons and asked to leave the park on my own accord. Should I still reply with a yes since I've been charged and later put on ACD?

Thanks
 

HighwayMan

Super Secret Senior Member
I'm a bit confused, I've never been to jail nor have I been legally arrested. I was simply given a pink summons and asked to leave the park on my own accord. Should I still reply with a yes since I've been charged and later put on ACD?
The ACD could be considered a "pardon, amnesty or similar action", so...

Yes, you were not under custodial arrest, however you did receive a criminal summons. We consider such a summons to be issued in lieu of arrest. Personally, if I was asked that question I would just answer "I did receive a summons once for being in a park after it was closed and received an ACD." I can't see many employers caring too much about something like that. Whether you really need to answer "yes" under your circumstances would be a question best answered by an attorney.

By the way, what was the actual charge? Do you have anything in writing from the court showing the disposition?
 

jjj_d

Junior Member
The ACD could be considered a "pardon, amnesty or similar action", so...

Yes, you were not under custodial arrest, however you did receive a criminal summons. We consider such a summons to be issued in lieu of arrest. Personally, if I was asked that question I would just answer "I did receive a summons once for being in a park after it was closed and received an ACD." I can't see many employers caring too much about something like that. Whether you really need to answer "yes" under your circumstances would be a question best answered by an attorney.

By the way, what was the actual charge? Do you have anything in writing from the court showing the disposition?
The actual charge was PRR 103 a, unlawfully in park after hours. Unclassified misdemeanor. It seems that my best bet is to contact a lawyer, any idea how to find a lawyer that can answer these questions without having to pay a crazy amount of money?

Thanks
 

You Are Guilty

Senior Member
Here you go - $65 is probably the cheapest you can get a definitive answer:
http://www.nycourts.gov/apps/chrs/

As for the underlying charge, do you recall where you had to go to contest the ticket? (103 can be written up either as a violation or a misdemeanor, so if you went to the ECB, it was only a violation and not a "crime". If you went anywhere else, it could still be a violation, but chances are better it was written up as a misdemeanor).
 

jjj_d

Junior Member
As for the underlying charge, do you recall where you had to go to contest the ticket? (103 can be written up either as a violation or a misdemeanor, so if you went to the ECB, it was only a violation and not a "crime". If you went anywhere else, it could still be a violation, but chances are better it was written up as a misdemeanor).
Not sure what or where ECB is. I recall going to the Criminal Court building in Manhattan at 346 Broadway. I appeared before a judge for arraignment. It sounds like a crime (misdemeanor), right?

Thanks
 

You Are Guilty

Senior Member
ECB is the Environmental Control Board (I think they're at 66 John these days), but 346 Bway is definitely criminal court, so sorry for the false hope there.

Pull your CHRS and see what shows up. Short of law enforcement, that's as in-depth as nearly any private entity can get as to your background.
 

jjj_d

Junior Member
ECB is the Environmental Control Board (I think they're at 66 John these days), but 346 Bway is definitely criminal court, so sorry for the false hope there.

Pull your CHRS and see what shows up. Short of law enforcement, that's as in-depth as nearly any private entity can get as to your background.
Alright, thanks so much for the advice! I guess I can run a background check to answer my own question. However, with regards to this question:
"Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?"

I should always answer with a yes, correct?

Thanks again
 

You Are Guilty

Senior Member
I personally find it problematic to answer "should" questions over the internet, so I will hedge and say that the best policy is to always tell the truth. Whether the "best policy" is actually required to be followed is a decision only you (and your personal attorney) can ultimately decide.

Keep in mind that the fact that a closed park ticket can be either a violation (which is explicitly not a "crime") or a misdemeanor based essentially on the mood of the citing officer speaks to just how silly a "crime" it actually is. As an employer, I am not sure I would ever care about someone getting a single ticket like this (but I would be concerned if I caught them lying about it).

But that's just me :D
 

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