What to do about an adjournment in contemplation of dismissal?

I was given 16 hours of community service and told that for 6 months. My record would say “adjournment in contemplation of dismissal,” and that after 6 months, my record would be clean. Did the 6 month period start after the completion of my community service or after the original sentencing? After 6 months, will a potential employer see a clean record if they do a background check?

Asked on July 30, 2012 under Criminal Law, New York

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

The consideration for the dismissal should date back to the date in which your sentenced or ordered to complete the community service. At this point, once all conditions are met, your case should be dismissed after 6 months. These sentences are typically referred to as Delayed Sentences or Deferred Adjudications. After 6 months, your criminal record will reflect one of two things: 1) That you were charged with a crime, plead guilty, and that the case was dismissed; or 2) That you were charged, but the case was dismissed, without mentioning that you ever plead guilty.


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