How do I get an ACD expunged? - Criminal Law Questions and Answers- LawQA.com

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How do I get an ACD expunged?

I'm a 22 year old female and was arrested in October of 2010 for taking money at a club (never happened). Regardless, I went in, was processed and since I have no criminal background I was given a 6 month ACD. It's been over 6 months. But I don't want this coming up in my records because I'm going for jobs that do background checks. This really scared me. What is the process of having this record expunged so it no longer exists?

Edward  D. Dowling IV Attorney at Law
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This response is general information only and does not establish an attorney client relationship. However you should hire an attorney to make a written application to the court to expunge the record.

Answer Applies to: New York
Replied: 8/1/2011

Answer By Michael Palumbo
Palumbo and Kosofsky
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An ACD means that the case was "Dismissed." In other words, you won. There is no record, because there is no conviction. If you were fingerprinted and photographed go to the police department with the record of dismissal from the court and they will give you your fingerprint cards and photos back. But there is nothing to "expunge" because there is no conviction.

Answer Applies to: New York
Replied: 8/1/2011

Answer By John Carney
Law Offices of John Carney
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If you were truly innocent you should have gone to trial and been acquitted by a jury. The ACD will not show up as a criminal record but the police and prosecutors will always see it and assume that you were guilty but because it was not a serious matter and you had a clean record the mater was dismissed. If you were innocent your attorney should not have accepted the ACD but perhaps he thought you might get convicted on the evidence or that you were actually guilty despite your saying that you were innocent. Many people deny their guilt because the evidence is not strong and they are embarrassed to admit their guilt.

Answer Applies to: New York
Replied: 7/30/2011

Answer By Jared Altman
Law Office of Jared Altman
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The charge(s) against you was already dismissed. You do not have a criminal record. There will always be a record of your arrest, but that is not available to the public and will not show up on a background search unless it was published in the newspaper.

Answer Applies to: New York
Replied: 7/29/2011

Answer By Eric Rothstein
Rothstein Law PLLC
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NY does not expunge but your records are sealed.

Answer Applies to: New York
Replied: 7/29/2011

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