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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23176
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I am a doctoral student, entering a clinical rotation, will

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I am a doctoral student, entering a clinical rotation, will a 221.05 Violation with a current ACD affect hospital employment?
Hello Jacustomer,

An ACD is NOT a conviction but a conditional dismissal. One does not take a plea of guilty and simply agree to stay out of further difficult for a year. So from the beginning, you have no criminal record. But once the year has passed an ACD is deepy sealed by operation of law and should not turn up on your record.

It should be no impediment.
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Customer: replied 3 years ago.

Will this show up on a background check for a hospital? And if so, what will they be allowed to view of the ACD and the UPM Violation? Do they have the right ask me about this violation, or if there was an arrest on an application?


Government employers can ask about arrests. Others are restricted to convictions.

You have never been convicted of a crime. This should show up on a background check as a marijuana violation which was dismissed pursuant to CPL 170.56. At the end of a year, it should not show up on your RAP sheets at all.
Customer: replied 3 years ago.

Are hospitals considered government employers? or only hospitals like the VA? Also my ACD is technically "open," I still have a couple months remaining until it is off completely. My rotation starts within the next month, this should still not hinder employment? Will they have to ask me about the violation? This UPM is not a criminal offense in NY and not considered a crime, correct?


Yes, if you are applying to a private hospital, they could ask about your arrest, however it's open at this time anyway and they can see it for themselves.

But a 221.05 is a violation which is not a crime, and yours was dismissed. So you still have no criminal record and for that matter, you were never charged with a crime but a criminal violation.

It should not hinder employment.

Customer: replied 3 years ago.

What is the difference between a crime and a criminal violation? If asked if I have been arrested I would reply yes? but not that I was convicted?


In NYS crimes are misdemeanors and felonies. A violation is something less than a misdemeanor, so it's not a crime. Basically, it's the criminal court equivalent of a traffic ticket.

If asked whether you were ever arrested you would have to disclose it because they can see that you were and to do anything else would call your character into question. But from there, you can honestly say that you were never charged with a crime and that your violation was dismissed.
Customer: replied 3 years ago.

Do hospitals consider non criminal offenses, a violation, reasons for potential denial from employment of a student? Prior to administering a background check, must I provide consent?


This should not be a bar to your employment as it's not a crime. It's a dismissal. There was never a finding of guilt. I'm running out of ways to tell you this. You will have to disclose it but it should not be a bar.

You will be required to submit to a background check for any position in the health industry.

I am turnng in for the evening. If you need further follow up you can ask it but I will not be able to answer it until morning.
Customer: replied 3 years ago.
Shall I disclose that there will be an ACD for a UPM in my background check, if at no point does the hospital ask me about prior arrests? And because I was arrested, does it make this violation worse than if I was given a summons?

I wouldn't volunteer any information that you aren't asked about. If you are applying to a NYS hospital, even if they see it, they should know that it's not a conviction and it's only going to be on your record anyway for a few more months.

As for the arrest, Legally, a summons has the force and the effect of an arrest, so in that regard, there's no advantage to the summons. That is, both would be considered an arrest for the purposes we are talking about.

You keep losing sight of the main thing, however, which was that you were never charged with a crime, never admitted or pled to a crime and have no criminal record. The violation you were charged with was dismissed. If you have to disclose information about this, you still have no criminal record.
Customer: replied 3 years ago.
Is an ACD considered a "pending conviction or arrest," if asked? Based on legal verbiage.

Interesting question. I suppose it could be in that the original violation could reopen if you failed to comply with the terms of the ACD. That's the "conditional" part of the conditional dismissal. I don't think that question would be asked as your RAP sheet should say "dismissed pursuant to 170.56).

I understand that this is important to you and that you are very nervous about it, but there's no better resolution of your case that you could have received, short of an acquittal at trial or an outright dismissal on the merits. I don't see your worst case scenario coming true, no matter how many times you ask the question or how many different ways.
Customer: replied 3 years ago.
So for reinforcing even more, if the hospital runs a criminal bakground check, an ACD for a UPM will not come up positive?
You are not reading my answers.

In my very second post to you, I said, " This should show up on a background check as a marijuana violation which was dismissed pursuant to CPL 170.56. At the end of a year, it should not show up on your RAP sheets at all."