I received an acd will it show up for employment background check

An ACD (short for "Adjournment in Contemplation of Dismissal") is often offered in New York to a defendant who is charged with a relatively minor offense. Similar treatment is offered in other states as well. With an ACD, the case is typically adjourned for a period of six months and, assuming the defendant does not again get arrested during that time, the charge is dismissed. Since an ACD is not a conviction (indeed, it is just the opposite -- a dismissal of the charge), there is no conviction record and the offense will not be on your record. The arrest may remain on the records of law enforcement officials (unless expunged), but an arrest is no more than an accusation. An ACD is not an admission of guilt, and it speaks neither to guilt nor to innocence. I am not a criminal lawyer, and thus I am not an expert on issues concerning ACD's, but I can tell you that the Criminal Procedure Law in New York says that an ACD "shall not be deemed to be a conviction or an admission of guilt," and that the "arrest and prosecution shall be deemed a nullity and the defendant shall be restored, in contemplation of law, to the status he occupied before his arrest and prosecution." Thus, it is as though you were never arrested. The only caveat I would add is if the question as to whether you were ever arrested appears on an immigration document, an application to be admitted to practice law, or a government document (such as an application for a gun license), you would probably be better off answering, "Yes, but the charge was dismissed." A background check for employment purposes would not show any conviction of any crime or offense. Another section of the Criminal Procedure Law states that when a criminal proceeding terminates in favor of the defendant, the record of the proceeding will be sealed (unless there is a motion to the contrary by the district attorney, which appears not to be the case). That section defines an ACD as having terminated in favor of the defendant. Thus, I do not see any risk to you in any background check. I hope the above helps. Good luck to you.

Employers shouldn't see it on a background check. There's no conviction. While you're waiting for the 6 months to expire, you still have a pending case, and that will be reflected on your rap sheet, but that's not what employers typically see. They'd only see a conviction, and you won't have a conviction. This is just offered for informational purposes. It is not legal advice, and does not create an attorney-client relationship.