Legal Question in Criminal Law in New York

Disclose ACD?

I have to answer this question on an application:

''Have you ever been convicted in any state or country of a criminal offense, other than a minor traffic offense, where you have been found guilty by a judge or jury, or entered a plea of nolo contendere (no contest), any juvenile offenses; any offenses where the records have been expunged and any conviction that the applicant is currently appealing, regardless of adjudication?''

I am currently 21 years old. When I was 16, I received an ACD with a probation period of six months. Since then, I have not had any brushes with the law. Am I required to disclose the ACD?


Asked on 9/06/06, 3:59 pm

1 Answer from Attorneys

W. ADAM MANDELBAUM W. ADAM MANDELBAUM

Re: Disclose ACD?

you did not receive probation. six months was the period the case was adjourned in contemplation of dismissal (acd) and assuming that this period is past, and you did not commit any crimes (or at least you weren't caught) then your case has been dismissed, and there is no conviction. ergo, you haven't been convicted and can answer no.

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Answered on 9/06/06, 7:45 pm


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