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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 22696
Experience:  14 years practicing criminal defense.
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if a high school senior is applying to college soon and just

Resolved Question:

if a high school senior is applying to college soon and just received and acd, is it possible to have his record sealed before the acd is up so as to shield his record from admissions officers? he was charged with a class b misdemeanor
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
.
What does the application specifically request?
.
If the applicant was ever "convicted" of a crime, or "arrested" or "charged"?

.

What was the charge for?
.
.
Thanks
Barrister

Customer: replied 9 months ago.

Hello Barrister,


 


Thanks for your refreshingly quick response. He was arrested for this offense and has a DAT set for december 20. He has an otherwise perfect record.


 


The exact wording of the question is:


Have you ever been adjudicated guilty or convicted of a misdemeanor, felony, or other crime?
○ Yes ○ No
[Note that you are not required to answer “yes” to this question, or provide an explanation, if
the criminal adjudication or conviction has been expunged, sealed, annulled, pardoned,
destroyed, erased, impounded, or otherwise ordered by a court to be kept confidential.]

Customer: replied 9 months ago.

Hello Barrister,


 


Thanks for your refreshingly quick response. He was arrested for this offense and has a DAT set for december 20. He has an otherwise perfect record.


 


The exact wording of the question is:


Have you ever been adjudicated guilty or convicted of a misdemeanor, felony, or other crime?
○ Yes ○ No
[Note that you are not required to answer “yes” to this question, or provide an explanation, if
the criminal adjudication or conviction has been expunged, sealed, annulled, pardoned,
destroyed, erased, impounded, or otherwise ordered by a court to be kept confidential.]

Expert:  Barrister replied 9 months ago.
Ok, great...
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Have you ever been adjudicated guilty or convicted of a misdemeanor, felony, or other crime?
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He can honestly answer no to this because he has not been adjudicated guilty or convicted. When someone gets an adjournment in contemplation of dimissal, this is a process that is put in place prior to any entry of a plea of guilty or a trial. This is under NY Penal Code 170.55 which states:
.
Adjournment in contemplation of dismissal. 1. Upon or after arraignment in a local criminal court upon an information, a simplified information, a prosecutor's information or a misdemeanor complaint, and before entry of a plea of guilty thereto or commencement of a trial thereof, the court may, upon motion of the people or the defendant and with the consent of the other party, or upon the court's own motion with the consent of both the people and the defendant, order that the action be "adjourned in contemplation of dismissal," as prescribed in subdivision two. 2. An adjournment in contemplation of dismissal is an adjournment of the action without date ordered with a view to ultimate dismissal of the accusatory instrument in furtherance of justice. Upon issuing such an order, the court must release the defendant on his own recognizance.
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Basically the court is just putting the matter aside with the intent of dismissing it if he successfully completes the ACD program.
.
So while he may have been charged, he hasn't pled guilty or been convicted. So he can honestly answer "no" to the question on any application.
.
But to answer your question directly, no there is not a procedure in place where he could prematurely accelerate the dismissal or sealing of the case..
.
.
Thanks
Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 22696
Experience: 14 years practicing criminal defense.
Barrister and 5 other Criminal Law Specialists are ready to help you
Customer: replied 9 months ago.

Thank you Barrister,


 


Again I am pleasantly surprised by this wonderful service.


 


Would you suggest that he bring in a lawyer to the DAT or is the outcome essentially set? He is 17 and a good student with no priors, but he was found with about 50 grams of marijuana in school.

Expert:  Barrister replied 9 months ago.
I don't see any need to incur the expense of an attorney if they have already suggested the ACD as the prosecutor apparently sees this for what it is...a simple mistake that shouldn't leave a permanent black mark on son's record.
.
.
Thanks
Barrister
Customer: replied 9 months ago.

Thanks Barrister, you've been very helpful.

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