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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23523
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Criminal law, just wanted to know which is the better option

Customer Question

criminal law, just wanted to know which is the better option for a assault charge other than an outright dismissal an ACD or a violation plea
JA: Thanks. Can you give me any more details about your issue?
Customer: i live in NYS and was charged with 3 counts total one for assault one for criminal possession of a weapon and harassment all dropped to a misdemeanor but originally charged a felony
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Submitted: 8 months ago.
Category: Criminal Law
Customer: replied 8 months ago.
i work in security field i have to wait until everything is clear to resume being certified by NYS as once the current certification expires NYS DCJS has said it will not renew anything until the case is over. i worry about background check for menial fast food jobs and retail positions that do background checks.
Expert:  Zoey_ JD replied 8 months ago.

Hello and thank you for requesting me.

If you can choose between an ACD and a violation, you want the ACD. The ACD is NOT a conviction and doesn't require a plea of guilty. Additionally, all records are destroyed after the statutory period, except for one that remains with DCJS.

The violation is a criminal offense. It requires a plea of guilty. It will go on your record even though it is for something less than a crime, you will have admitted guilt and allocuted on the record as to what you did. It too will seal after the statutory period, but it doesn't seal as deeply. A record will remain in the courthouse, for example, not so with the ACD.

Once sealed after the statutory period, neither should show on a standard background check for non-government employment. But the violation could potentially be found and accessed with a court order. The ACD is better protected.

Customer: replied 8 months ago.
in your assess,met when the ACD officially seals do yo think DCJS would be hesitant to give me a security license to work in NYS. and I know that the arrest and charge must be disclosed to any federal state jobs in the future. I just want to make sure I am not screwed out of a whole job industry.
Expert:  Zoey_ JD replied 8 months ago.

It should not, as it is not considered a crime and you would make no admissions of guilt on the record in order to obtain one.

However, if the position you seek is one for which you must carry a firearm, NYS will be able to see the whole record of your case, as that's one of the exceptions to the sealing. Whether you'll be granted the license will be at the discretion of the licensing agency. I can't tell you what they'd do as it will depend on the facts and circumstances of your case. There would be no automatic bar against your license, however, and you're still better off with the ACD than with the violation.

Obviously, an outright dismissal would be best of all, but in my experience, DAs will rarely agree to grant one.

Customer: replied 8 months ago.
When a potential employer in NY run a background check as of now, will they see the case on my record as the "waiting period " is over in September of 2016. Also I received a criminal Order of protection when arrested and received another one that is with the family court that will expire in sept. 2016 will any of these to visible to employers.
Expert:  Zoey_ JD replied 8 months ago.

Yes, the potential employer will see the case on your record, as it's not sealed until the statutory period is over. Both an ACD and a violation can be reopened if you fail to stay out of trouble for a specified time after the arrest. That's 6 months for the ACD (a year if the assault is a domestic matter) or a year for a conditional discharge on the violation, and that's how long they can be seen.

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