If you’ve been charged with a crime in New York, you may have heard the term “Adjournment in Contemplation of Dismissal” (ACD or ACOD). But what exactly does it mean? How does it affect your criminal record? And can an ACD help you avoid a conviction?

This article answers the most common questions people ask about ACDs in New York and explains how an experienced New York criminal defense lawyer can help you take advantage of this important legal option.

What Is an Adjournment in Contemplation of Dismissal (ACD) in New York?

An Adjournment in Contemplation of Dismissal, often called an ACD, is a legal disposition available in certain criminal cases under New York Criminal Procedure Law § 170.55.

When a judge grants an ACD, the case is temporarily adjourned (paused), usually for six months (and in some cases, one year for domestic-related charges). If the defendant stays out of trouble and meets any court-imposed conditions during that time, the case is automatically dismissed and sealed.

In short, an ACD gives defendants a second chance: no plea, no conviction, and ultimately no criminal record if they comply with the terms.

Who Is Eligible for an ACD in New York?

Not every case qualifies for an ACD. Generally, ACDs are available for:

• First-time offenders
• Minor offenses such as petit larceny, disorderly conduct, or trespassing
• Certain misdemeanor drug possession or marijuana cases
• Domestic violence cases

A judge must approve the Adjournment in Contemplation of Dismissal, and in most cases, the prosecutor must also consent. Your defense attorney plays a crucial role in negotiating this outcome.

What Happens After an ACD Is Granted?

After an ACD is granted:

1. The case is adjourned, typically for six to twelve months.
2. You must avoid any new arrests or legal trouble during that period.
3. You may need to complete conditions, such as community service, counseling, or restitution.
4. After the adjournment period, if you’ve met all conditions, the court automatically dismisses the charges and seals your record.

This means the arrest and case will not show up on most background checks, giving you a clean slate.

Does an ACD Show Up on a Background Check in New York?

One of the most common questions people ask is: “Will an ACD show up on my record or background check?”

Once the case is dismissed and sealed, an ACD should not appear on standard employment or housing background checks. However, before the case is officially dismissed (during the adjournment period), the charge may still be visible in certain databases.

After dismissal, your record is sealed under CPL § 160.50, and you are legally allowed to say you were not convicted of a crime. You cannot say that you have never been arrested, however.

Can an ACD Be Reopened or Revoked?

Yes. If you get arrested again or violate any court-ordered conditions during the adjournment period, the prosecution can ask the court to restore your case to the calendar. That means the dismissal is no longer automatic, and the case proceeds as if the ACD had never been granted.

Is an ACD the Same as a Dismissal?

Not immediately. An ACD is a conditional path to dismissal. The charges are only dismissed after the adjournment period ends successfully. Once that happens, the dismissal is final and automatic, and your record is sealed.

Should You Accept an ACD or Fight the Charges?

Whether to accept an ACD depends on the facts of your case.

An ACD can be an excellent outcome if:

• The evidence against you is strong
• You want to avoid the risks of trial
• You’re eligible and willing to comply with conditions

However, if you have a strong defense or the charges are unfounded, your attorney may advise fighting for a full dismissal instead of accepting an ACD.

Always discuss your options with an experienced New York criminal defense lawyer who can evaluate the best strategy for your situation.

Are You a Student Who Is Expecting to Apply for Financial Aid?

If you are a student who receives or expects to apply for financial aid, be sure to inform your attorney. Having an open criminal case on your record can potentially affect your eligibility for certain types of financial aid. In some situations, judges and prosecutors may agree to shorten the period of an Adjournment in Contemplation of Dismissal (ACD), particularly when a pending case could impact a student’s financial aid status.

Key Takeaways:

• An ACD lets you earn a dismissal by staying arrest-free for 6–12 months
• Once complete, the case is sealed and won’t appear on most background checks.
• It’s ideal for first-time offenders and minor charges.
• A knowledgeable attorney can help you negotiate and secure an ACD when appropriate.

Speak with a New York Criminal Defense Attorney About Your Options

If you’ve been arrested or charged with a crime in New York, an Adjournment in Contemplation of Dismissal might offer a path to a clean record and a fresh start.

Our firm has helped countless clients across New York obtain ACDs, dismissals, and other favorable outcomes. We can review your case, explain your rights, and fight for the best possible resolution.

Contact us today for a free confidential consultation with a skilled New York criminal defense lawyer.