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Will a DAT Give Me a Criminal Record?
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The answer to this question depends on what you mean by “criminal record” – and here’s what you need to understand: you already have one. The moment you were fingerprinted for that Desk Appearance Ticket, an arrest record was created and entered into the state system. A unique identification number – your NYSID – was permanently assigned to your fingerprints. That record exists right now, before your case has even been heard by a judge. The real question isn’t whether a DAT “gives” you a criminal record. The question is what happens to the record that already exists.
Welcome to Spodek Law Group. We created this page because people ask us this question constantly, and the honest answer is more complicated than they expect. Most people assume that criminal records come from convictions – that if you’re not convicted, you don’t have a record. That’s not how it works in New York. The arrest itself creates a record. What matters now is how that record ends up being classified, whether it gets sealed, and who can still access it even after sealing.
Here’s the bottom line: if your DAT case ends in a conviction, that conviction becomes a permanent criminal record that follows you everywhere. If your case ends in a dismissal or an ACD – an Adjournment in Contemplation of Dismissal – the record gets sealed, which provides significant protection but is not the same as erasure. The difference between these outcomes is enormous. That’s why the legal strategy you pursue right now matters so much. Todd Spodek tells clients the same thing: the record already exists. Our job is to fight for the outcome that minimizes its impact on your future.
The Record Already Exists
Lets be clear about what happened when you were processed for that DAT. You were fingerprinted. Those fingerprints were transmitted to the Division of Criminal Justice Services (DCJS), which maintains the state’s criminal history database. The moment that happened, a record was created.
That record is tied to a unique number called your New York State Identification Number, or NYSID. This number is permanantly linked to your fingerprints. Any future law enforcement encounter – any future arrest, any future background check that involves fingerprints – will pull up this record. Your in the system now.
Defense attorneys describe it bluntly: “You have been ‘printed.’ Your fingerprints will be used to generate a ‘rap sheet’ or criminal history for the court.” That rap sheet exists before youve ever had your day in court. It shows an arrest. It shows pending charges. And right now, its visible to anyone running certain types of background checks.
This is the uncomfortable truth that nobody at the precinct told you. The record dosent start when your convicted. It starts when your fingerprinted.
What Happens If You’re Convicted
If your DAT case ends in a conviction, that conviction becomes a permanant part of your criminal record. This is the outcome everyone fears, and its the outcome we work to avoid.
A conviction – even for a misdemeanor – stays on your record forever. It appears on every background check that looks at criminal history. When you apply for a job, a housing application, professional licensing, loans that require background checks – the conviction is there.
Depending on the charge, convictions carry additional consequences:
- Employment: Many employers conduct background checks and may decline to hire applicants with criminal convictions
- Professional Licensing: Convictions can result in denial or revocation of licenses in fields like nursing, teaching, law, accounting, and real estate
- Immigration: Non-citizens face potential deportation, inadmissibility, or denial of naturalization for certain convictions
- Housing: Landlords often conduct background checks and may deny applications based on criminal history
- Firearm Rights: Certain convictions prohibit firearm ownership under state and federal law
The conviction dosent just represent what happened in your case. It represents a permanant barrier that shows up everywhere you try to move forward in life.
The ACD: Best Realistic Outcome
If your not going to get an outright dismissal, the next best outcome is typicaly an ACD – an Adjournment in Contemplation of Dismissal. This is what many first-time DAT defendants receive, and its what we often negotiate for at Spodek Law Group.
Heres how an ACD works. Instead of resolving your case immediatly, the court adjourns it for six months (or twelve months for certain offenses like marijuana possession or family offenses). During that adjournment period, you have to stay out of trouble – no new arrests. If you make it through the period without incident, your case is automaticaly dismissed and sealed under CPL 160.50.
An ACD is not a guilty plea. Your not admitting anything. Under CPL 160.55, once the ACD period completes, “the arrest and prosecution shall be deemed a nullity” and you are “restored to the status you occupied before the arrest.” Legally speaking, its as if it never happened.
After sealing, most background checks wont show the arrest. You can legaly answer “no” when asked if youve been arrested for a crime. The fingerprints and photos associated with your arrest may be destroyed.
Sounds good, right? It is – but theres a catch.
The 6-Month Exposure Window
During the ACD adjournment period – those six to twelve months before your case is dismissed and sealed – your arrest record is completly visible.
Think about what that means. You accept an ACD in January. Your case wont be dismissed until July. During those six months, if any employer, landlord, or licensing board runs a background check that accesses criminal records, they will see that you have an open criminal case.
People dont realize this. They hear “ACD” and think there case is basically over. But the ACD isnt a dismissal. Its a delayed dismissal. And during the delay, your exposed.
If your applying for jobs during that six month window, potential employers may see “pending criminal charges” on your background check. They may not understand the nuances of what an ACD means. They may just see an open case and decide to hire someone else.
This is why timing matters. If your in a situation were you need to pass a background check soon, the ACD period creates real risk. An attorney who understands your situation can sometimes negotiate better timing or alternative resolutions.
Who Can ALWAYS See Your Record
Even after your ACD period completes and your record is sealed, certain entities can still access it. Sealing provides substantial protection, but its not absolute.
Law enforcement agencies always have access to sealed records. If your ever arrested again, the sealed arrest will appear on your rap sheet. It can influence how prosecutors handle the new case. It can affect bail decisions. The sealed record isnt invisible to the criminal justice system.
Firearms licensing agencies can access sealed records. If you apply for a pistol permit in New York, the licensing officer will see your sealed arrest.
Certain employers are legaly permitted to access sealed records through fingerprint-based background checks. This includes law enforcement agencies hiring police officers, corrections positions, and some other government roles.
Federal agencies conduct there own background checks that may not be bound by state sealing laws. Security clearances, for example, involve comprehensive checks that can reveal sealed state arrests.
The protection sealing provides is real and valuable – but understanding its limits helps you plan realistically.
The Background Check Company Problem
Heres another problem people dont expect. Even after your record is officialy sealed, commercial background check companies may continue to show it.
When you apply for a job or housing, the background check is usualy run by a private company – not by accessing government databases directly. These companies maintain there own records, and theres no requirement that they update immediatly when a record is sealed.
According to New York court system guidance, “commercial background check companies may take up to one year to update their records to reflect the sealing.” That means you could complete your ACD, have your record officialy sealed, and still have the arrest appear on background checks for another year.
If a stale record appears on a background check, you have legal remedies. The New York Human Rights Law prohibits discrimination based on sealed records, and you can dispute inaccurate background check reports. But proving discrimination is difficult, and by the time you dispute an inaccurate report, the job may have gone to someone else.
This is another reason why avoiding a record in the first place – or ensuring proper sealing – matters so much.
Why Your Case Outcome Matters So Much
Look at the difference between outcomes:
Conviction: Permanant record. Shows up everywhere. Follows you forever. Career-limiting at minimum, career-destroying in some fields.
ACD Completed: Sealed record. Hidden from most background checks. Legal protection against discrimination. Can truthfuly say you werent convicted. But still visible to law enforcement and certain employers forever.
Outright Dismissal: Same sealing under CPL 160.50. No waiting period becuase theres no adjournment. Fastest path to protection.
Reduced to Violation: Partial sealing under CPL 160.55. Fingerprints destroyed, law enforcement records sealed – but court records remain public. Anyone searching court records can still find it.
The same charges can lead to any of these outcomes depending on how there handled. The facts of your case, the strength of the evidence, the prosecutor assigned, the judge hearing the case, and the quality of your legal representation all influence which outcome you get.
This is why hiring an attorney matters. We’ve seen cases were clients could of gotten ACDs but pleaded guilty becuase they didnt know better. We’ve seen cases were ACDs were offered but our negotiation achieved outright dismissal. The outcome isnt predetermined.
What Spodek Law Group Fights For
When you hire Spodek Law Group to handle your DAT case, our goal is simple: minimize the record impact.
If we can get outright dismissal, we pursue it. Some cases have weak evidence. Some cases involve procedural problems. Some cases should never have been brought. We identify these weaknesses and push for dismissal.
If dismissal isnt realistic, we fight for an ACD. Most first-time offenders charged with common DAT offenses – petit larceny, simple assault, minor drug possession – can often obtain ACDs with proper representation. But ACDs arnt automatic. Prosecutors can oppose them. Judges can refuse them. We advocate for why your case deserves this outcome.
If neither is available, we negotiate for the least damaging resolution. A reduced charge may avoid some consequences. Certain plea arrangements may preserve more options. We explore every angle.
And we explain exactly what each outcome means for your record, your career, and your future. No surprises.
Call us at 212-300-5196. Todd Spodek has handled thousands of DAT cases. We understand the record implications better then anyone. The consultation is free. If your facing a DAT, your record already exists – let us fight for the best possible version of how it ends up.