Why is an adjournment in contemplation of dismissal still on my record after two years?
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Mary Martin
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Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
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UPDATED: Sep 24, 2024
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UPDATED: Sep 24, 2024
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
An adjournment in contemplation of dismissal (ACD) is not the end of the case. You have to actually file the needed paperwork in order to dismiss the case. It’s likely still on the books as a pending criminal case.
You need to get a lawyer (perhaps a different lawyer) to go back and clean this up. You should also look into the laws in your jurisdiction and see if employers are allowed to consider arrests not resulting in convictions in their hiring decisions. Some state laws only allow employers to consider actual convictions.
Some states also allow dismissed or expunged crimes to be reported to governmental employers, whereas private employers would have been told that there was no record. It depends on how the statutes are written in your state. This is why you would be best served by consulting with an attorney experienced in drug cases and expungement of a criminal record.
Case Studies: Persistence of Adjournment in Contemplation of Dismissal (ACD) on Records
Case Study 1: Lingering Effects of ACD
Sarah received an Adjournment in Contemplation of Dismissal (ACD) for a past criminal case, but to her surprise, the record was still on her record after two years. Uncertain about the implications, she sought legal advice to resolve the matter. Her attorney explained that an ACD is not automatically dismissed; instead, the necessary paperwork must be filed to dismiss the case completely. Sarah learned the importance of taking proactive steps to clear her record to avoid potential consequences.
Case Study 2: Legal Consequences and Employment
Jake faced difficulties securing employment due to an ACD that was still on his record. He decided to consult a lawyer to understand his options for expungement or dismissal of the case. The attorney informed him about the laws in their jurisdiction regarding employers’ consideration of arrests not resulting in convictions. Jake realized the significance of seeking professional legal assistance to navigate the complexities of expungement and ensure a clean record for better job prospects.
Case Study 3: State-Specific Considerations
Michael sought information on how his ACD could affect his chances of employment. In his research, he discovered that the laws concerning reporting of dismissed or expunged crimes vary from state to state. To gain clarity, he consulted an attorney well-versed in drug cases and criminal record expungement. The attorney explained the nuances of state statutes and guided Michael on the appropriate course of action to improve his employment prospects.
Find the right lawyer for your legal issue.
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Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.