Is the ACD something that the NYS Education Department will be able to see after the case is sealed? 4 Answers as of July 04, 2013

I have an open ACD for unlawful possession of marijuana due to ticketing at a traffic stop, not an arrest (so I wasn't fingerprinted for it) and my one-year term ends in October 2011. I also had an ACD for shoplifting in 2008 for which I was arrested and fingerprinted, but this record has since been sealed and expunged. I'm going to school to be a teacher and I have to get fingerprinted before I can be certified (in December 2011). Will my open ACD come up if I get fingerprinted before the one-year term is complete or can I get fingerprinted now and get it out of the way? Is the ACD something that the NYS Education Department will be able to see after the case is sealed?

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
They may be able to see that there is an ACD unless it gets expunged before they do.
Answer Applies to: New York
Replied: 7/19/2011
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
It is possible that the open case against you may show up. I do not believe that the old case will.
Answer Applies to: New York
Replied: 7/4/2013
Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
I have an open ACD for unlawful possession of marijuana due to ticketing at a traffic stop, not an arrest. You were arrested, just not taken into custody and fingerprinted, but you were arrested. I also had an ACD for shoplifting in 2008 for which I was arrested and fingerprinted, but this record has since been sealed and expunged. There is no such thing as "expunged." The record is likely sealed. Will my open ACD come up if I get fingerprinted before the one-year term is complete or can I get fingerprinted now and get it out of the way? Is the ACD something that the NYS Education Department will be able to see after the case is sealed? This requires a detailed analysis of Education Law and Regulations that cannot possibly be answered for free online. What I can tell you is that government agencies can likely always see your criminal arrests even if they have been ACD, dismissed, or plead down. Further, we live in the computer age it is easy enough to do a background investigation on anyone.
Answer Applies to: New York
Replied: 7/7/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
The case will show up until the period expires and it is sealed. You should wait until the period is up before you apply for any teaching position.
Answer Applies to: New York
Replied: 7/4/2013
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