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Chapter11 · Oct 30, 2007, 10:50 AM

Question: In 8/2003 I was charged with disorderly conduct in NY for mouthing off to a police officer (this is a violation and not a misdemeanor in NY). The judge basically laughed at my case and gave me an ACD (adjournment in contemplation of dismissal - 6 months of no trouble and the charges are dismissed at the records are sealed). I have never had any other run-ins with the law except a few speeding tickets.

It is my understanding that an ACD is NOT a conviction and NOT an admission of guilt in the state of NY.

Should I be worried about this coming up in a background check run by a private third party organization for entry into graduate school? I think they search court records and use a national database.

Marriedguy · Oct 30, 2007, 11:28 AM

It's a violation you should have to worry about it. Its equal to J-walking. Most people don't see these things as a problem. I got one of those in Brooklyn after getting a cell phone ticket the officier tried to get me for having out of state inspection sticker. He and his partner had me sitting in my car for over 1 hour looking for the charge that didn't exist. When I screamed at him for wasting my time on fathers day he gives me a disorderly conduct ticket.

ScottGem · Oct 30, 2007, 11:37 AM

I disagree with MarriedGuy. An Adjournment is NOT a conviction, the 6 months have passed and assuming you didn't violate probation, the records should be sealed. You do not have a criminal record since you were never convicted of anything and any search for one should come up empty.

excon · Oct 30, 2007, 11:42 AM

Hello Chapter:

If it makes you feel any better, about HALF of my REAL convictions don't show up on a background check.

excon

Chapter11 · Oct 30, 2007, 11:50 AM

Ok, so if I am hearing people correctly: I should not be worried as I was NEVER convicted of this violation and therefore have no CRIMINAL record that would turn up in a background check?

This was what I had originally thought.

Marriedguy · Oct 31, 2007, 10:47 AM

Yes... It was the "ACD" part I totally missed. Basically, the ticket was dismissed. It was like it never happened.

Chapter11 · Nov 1, 2007, 06:46 AM

Thanks guys. Really appreciate the insight. This was definitely giving me some nightmares.

FYI, I spoke with the background agency (Kroll) and they say it is policy to report "standing convictions" of misdemeanors and felonies only (not violations), and not to report sealed or expunged records (even if they come across them). If they did, the consumer would have recourse against them to issue a revised report. They take these errors very seriously it seems.

justasking1847 · Jul 19, 2010, 05:28 PM

Hi Chapter11, I have a similar situation you were facing in that I just had to submit info to a background search by Kroll. Are you 100% sure about Kroll not reporting sealed records and not conviction records? I could ask them myself, but of course don't want to raise suspicion.

Also, did they say how they would know the record was sealed if they came across it in a preprietary database? Something I did 19 years ago as an 18 year old is now haunting me. It was in Florida and adjudiction was withheld on felony theft charges. The record has now been sealed for about 13 years.

A search of the public database for the county yields nothing, but I read sometimes companies get their hands on data before it is sealed and never purge it. I have been squeeky clean of any crime since I was 18 by the way.