Does ACD diminish chances to get hired by borough of education as a speech pathologist?

If he takes an acd and complies with the terms, he can answer that he was never convicted of a crime. However, when you apply for public employment, the government entity gets a complete report of arrests, not only convictions. Your friend may be interviewed about the facts underlying the ACD. If he lies he doesn't get the job because he's a liar. If he tells the truth, he may still get the job if they believe his "version" of the facts. Private companies are unlikely to find out about the arrest or the ACD.

The short answer is that NO it cannot be held against him. He is legally permitted to answer that he has never been arrested or convicted of a crime (based on this incident). Having said that, the DOE can probably find out that he was arrested and if answers that he wasn't they may not hire him because he "lied". You can successfully fight that (I have, when a client got an ACD and was then denied a pistol permit because he stated on the application that he was never arrested. We fought it and won -the client now has his pistol.) but why put yourself through the agony. The DOE will pretty munch not care if he did in fact receive an ACD. I had a client recently (different one) who pleaded guilty to disorderly conduct (which is "worse" than an ACD) and was still able to keep her job at DOE. If asked just say what happened and you shouldn't have any difficulty.

Once the 6 month ACD period is completed, the case is dismissed and sealed. Therefore, it will never show in a background check and he need not mention it in any interviews as it is not a conviction. Joseph A. Lo Piccolo, Esq. Hession Bekoff & Lo Piccolo, LLP President, Criminal Courts Bar Association of Nassau County 1103 Stewart Avenue, Suite 200 Garden City, NY 11530 (O) 516-408-3666 (F) 516-408-3833 [email protected] Sent from my Verizon Blackberry ----- Original Message -----

Here is the provision of law regarding what protections exist form someone who gets and ACD and stays out of trouble for 6 months and has the case dismissed, Subdivision 16 of section 296 of the Executive Law, reads as follows: It shall be an unlawful discriminatory practice, unless specifically required or permitted by statute, for any person, agency, bureau, corporation or association, including the state and any political subdivision thereof, to make any inquiry about, whether in any form of application or otherwise, or to act upon adversely to the individual involved, any arrest or criminal accusation of such individual not then pending against that individual which was followed by a termination of that criminal action or proceeding in favor of such individual, as defined in subdivision two of section 160.50 of the criminal procedure law, or by a youthful offender adjudication, as defined in subdivision one of section 720.35 of the criminal procedure law, or by a conviction for a violation sealed pursuant to section 160.55 of the criminal procedure law in connection with the licensing, employment or providing of credit or insurance to such individual; provided, further, no person shall be required to divulge information pertaining to any arrest or criminal accusation of such individual not then pending against that individual which was followed by a termination of that criminal action or proceeding in favor of such individual, as defined in subdivision two of section 160.50 of the criminal procedure law, or by a youthful offender adjudication, as defined in subdivision one of section 720.35 of the criminal procedure law, or by a conviction for a violation sealed pursuant to section 160.55 of the criminal procedure law. The provisions of this subdivision shall not apply to the licensing activities of governmental bodies in relation to the regulation of guns, firearms and other deadly weapons or in relation to an application for employment as a police officer or peace officer as those terms are defined in subdivisions thirty-three and thirty-four of section 1.20 of the criminal procedure law; provided further that the provisions of this subdivision shall not apply to an application for employment or membership in any law enforcement agency with respect to any arrest or criminal accusation which was followed by a youthful offender adjudication, as defined in subdivision one of section 720.35 of the criminal procedure law, or by a conviction for a violation sealed pursuant to section 160.55 of the criminal procedure law.

Attorney Gold gave as good an answer as I could give. Good luck to your friend