Will a dismissed ACD show up on background check? - Criminal Law Questions and Answers- LawQA.com

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Will a dismissed ACD show up on background check?

I recd a DAT of petty theft. I recd an ACD on Nov 2010, my lawyer helped me to get a early dismiss and seal. So my case was dismissed and sealed on Dec 2010. Now my question is, my current employer( small 10 person realty company) will run a background check for me ( not fingerprint, maybe just a private background check) will my record still on the background check? is he going to know about my arrest and ACD? I live in NY . Please help.

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, your employer may be able to see that you got an ACD but not the details of it.You could hire an attorney to try to expunge it completely.

Answer Applies to: New York
Replied: 8/11/2011

Answer By Michael Palumbo
Palumbo and Kosofsky
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Will a dismissed ACD show up on background check? Probably, but it is hard to say. But there really is nothing you can do about it anyway.

Answer Applies to: New York
Replied: 8/5/2011

Answer By John Carney
Law Offices of John Carney
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After the case is over, and the record sealed, only the police can run a NYSID computer search to see the original arrest and the disposition. They cannot read the file and the information about the arrest, just see the section number..like 155.25 for Petty Larceny. Your employer will use a service that cannot see the conviction, unless they use an ex-cop who does an authorized search or gets a cop friend to check it. The internet is full of sites that can check a criminal background. No one can guarantee you that the arrest will not show up on any of those websites or databases.

Answer Applies to: New York
Replied: 8/4/2011

Answer By Eric Rothstein
Rothstein Law PLLC
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I don't think it will show up.

Answer Applies to: New York
Replied: 8/4/2011

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