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Old 02-22-2016, 06:49 PM
26 posts, read 29,379 times
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I have a family member who currently has an open ACD until October. It was a very unfortunate incident where he, a man in his 40s, with a squeaky clean record, was attacked in Manhattan. The person who attacked him is crazy and uninjured. He however underwent surgery on the day of the attack. When the police arrived at the scene, she said he attacked her and they were both arrested. At his first court appearance, he was offered an ACD, which he accepted. She is being proseuted for a felony and he has been asked to testify against her.

Here's the problem. Last week he lost his job with a big bank. There was a takeover and he knew it was coming and had been interviewing. He has 2 3rd interviews which look like they could turn into offers. If asked, he plans on being completely forthcoming. So far, he's only been asked about convictions, not arrests or even open cases. Today, he asked the DA to accelerate the dismissal but who knows if that will work.

The question is, should he assume these checks will uncover the arrest as the ACD is pending until April? And how likely is it these potential offers will be rescinded?

The other question is will he be able to work for a bank or any othere financial institution that requires fdic/federal clearance? It appears to me that an ACD will only hurt him with a bank if the arrest involved theft or moral turpitude.

Any thoughts?
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Old 02-22-2016, 08:44 PM
Location: In a vehicle.
5,021 posts, read 3,209,323 times
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The arrest will be visible for quite awhile....

he's better off explaining it, many companies ask "What happened?"

Since it does not involve theft, nor moral issues then it's a coin toss.
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Old 02-22-2016, 09:15 PM
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The ACD is an arrest but not a conviction. Even after he's satisfied the terms of the ACD and the case is dismissed and the record sealed, it is still classified as an arrest with a disposition of Dismissed/Sealed. Access to the actual facts of the case will be restricted in Albany so that any private background check will not return any results, even if fingerprints were taken as part of the background check. The facts behind the arrest and disposition will always be available to government law enforcement. The facts of the arrest and the disposition may not be fully available to other government agencies conducting background checks; it all depends on the nature and purpose. So, it's difficult to say if it will or wont show up on some type of background check.

Now, one thing I have noticed when reviewing employees background checks. For our internal checks, a New York State ACD will not appear. When they get their professional license it does not appear. When they get a weapons permit it appears as a line entry of date, reason for arrest and the date of disposition as being dismissed and sealed. No additional details are show so we have no idea if it was dismissed because they got the wrong person or it was an ACD. For their DOD security clearance, all the details are shown including what happened and to whom.

Just have him read and understand exactly what is being asked and answer the questions truthfully. However, never answer truthfully if they are not asking a specific question, that's where many get tripped up, volunteering answers to a question not asked.
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Old 02-23-2016, 07:01 AM
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Thanks for the advice. He's an honest and upfront guy and really plans on being honest, just wasn't too sure what to volunteer.

It's unfortunate that something out of your control could land you in a situation such as this. If he has real trouble getting work, he may retain an attorney to have the ACD reopened and possibly try the case.

My understanding is that the DA's office is sympathetic and is willing to provide a letter detailing the events. But, the SOP, in New York City, is when there's a cross complaint, both arrests are made and they figure it out later. However, even the cops in this situation were sympathetic. They attended him at the hospital and gave him a desk appearance ticket. The other individual, was processed through the system and remained in jail for 2 nights. In addition, his initial charge was a misdemeanor, hers was and remains a felony.

His fear is that it won't look good to an employer and they'll just move on. My husband and I have tried to tell him, that this is a blip on the radar of an otherwise spotless record and anyone looking at his resume and work history will view it as such.

I guess we will see.

Thanks for the input.
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Old 02-23-2016, 12:41 PM
9,255 posts, read 11,806,344 times
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First, going to court and spending money on an attorney will not change anything. You have to realize there are TWO things at play; Arrest and Disposition. The arrest will always be an arrest, you can't get around that. A judge can't throw out an arrest because the arrest happened. The second part is the Disposition which governs the release of the arrest record. If he fulfills all the terms of the ACD, his disposition is a dismissal, the same exact same thing as if a judge looks at the details and say this is all BS and throws it out before a trial. A Dismissal with a sealed record is the same no matter how it happened. Going to trial may result in a not guilty conviction but it's still an arrest and a trial with a disposition. A dismissal without ever going to trial looks a heck of a lot better than a dismissal based on a trial.

If he is granted the dismissal and the records are sealed, he has an arrest but has never been convicted of a crime. He hasn't even stood trial for a crime. He has no criminal record. His arrest after a satisfactory ACD is even withheld from all but government checks. Most places don't even ask about an arrest that did not result in a trial, conviction or some other requirement such as community service. A Dismissal is a Dismissal is a Dismissal.
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Old 02-23-2016, 01:38 PM
26 posts, read 29,379 times
Reputation: 24
Thanks again for the response. How do you think an employer will look at this? This is a squeaky clean guy otherwise, but the case is technically open until the end of April. He also has some concern that depending on how you Google his name there is an online story out there that could come out stating he was arrested. My husband, who is in IT, has given him some SEO suggestions to lessen its impact on Google, but feels that given the fact he continues to get interviews, the story is not that big of a deal.

His other concern is the bank background check via the FBI data base. But, I certainly appreciate your point. It just stinks that a victim, who is assisting the DA, even has to worry about this. As I said earlier, he plans on being completely forthcoming, if asked. But, was curious about volunteering the information.
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