Adjournment in Contemplation of Dismissal (ACD) in New York Criminal Court: How It Works and Who Qualifies

That being said, ACDs are not always the right choice for a case, it is important to understand how they work, what conditions may apply, and what consequences can remain during the adjournment period.

What Is an Adjournment in Contemplation of Dismissal?

Under New York Criminal Procedure Law § 170.55, an ACD is an adjournment of a criminal action with a view toward the ultimate dismissal of the charges in furtherance of justice. In practical terms, the case is placed on hold for a defined period. If the prosecution does not successfully move to restore the case during that period and the defendant complies with the agreed conditions, the case is dismissed and sealed.

An ACD is not an admission of guilt and is not a guilty or no-contest plea. Once the case is dismissed following the ACD, New York law generally treats the arrest and prosecution as a nullity and restores the person to the status held before the arrest.

Ordinarily, a defendant does not need to return to court simply for the dismissal at the end of the ACD period; the dismissal occurs automatically. A court may, however, require an appearance to show proof that community service, a program, restitution, or another agreed condition was completed.

How Long Is the ACD Period?

The standard ACD period is usually six months. Certain matters may involve a longer period, including family-offense matters, which may run for up to one year. Some specialized statutes have their own timing and eligibility rules.

• Family offense matters under CPL § 530.11 may involve a 12-month adjournment.
• Certain marijuana-related matters under CPL § 170.56 are governed by separate statutory provisions.

The adjournment period runs from the date the court accepts the ACD, not from the date of arrest or arraignment. In some circumstances, the period may be shortened in the interests of justice, and some matters may qualify for immediate sealing.

If the prosecution does not move to restore the case to the calendar within the applicable period, the charges are dismissed at the end of that period.

What Conditions Can Come With an ACD?

The core expectation is that you stay out of trouble and avoid new arrests during the adjournment period. Depending on the case, an ACD may also include additional conditions that are agreed to as part of the disposition.

• Community Service: Unpaid work for a public or nonprofit organization. The amount must be agreed to, and the service requirement cannot extend beyond the ACD period.
• Restitution: Payment to a complaining witness or victim for losses such as property damage or medical expenses.
• Order of Protection: A temporary order requiring specified conduct, which may include staying away from or avoiding contact with a complainant or other protected person.
• Educational or Treatment Programs: Depending on the charge and statutory authority, the court may require participation in an educational, anti-shoplifting, drug or alcohol treatment, family-violence, or other reform program.
• Mediation or Dispute Resolution: Some lower-level disputes may be referred to a mediation or dispute-resolution program when the parties and court consider that process appropriate.

Conditions associated with an ACD generally require the defendant’s consent. A true ACD also does not involve a criminal fine because no conviction or guilty plea has been entered.

Who Qualifies for an ACD in New York?

ACDs are most commonly used in misdemeanor cases, but eligibility and availability depend on the charge, defendant’s history, prosecutor’s position, the court, and any specialized statute that applies. Relevant considerations may include:

• Type of Charge: ACDs are generally not available for Vehicle and Traffic Law offenses involving operation of a motor vehicle, subject to limited exceptions such as parking, stopping, and standing matters.
• Criminal History: Prior convictions or a previously granted ACD may affect eligibility or the prosecutor’s willingness to consent.
• Commercial Drivers: A person with a commercial driver’s license or commercial learner’s permit, or a person charged with an offense committed in a commercial vehicle, may face statutory restrictions.
• Marijuana Cases: CPL § 170.56 contains specific eligibility rules, including limits based on prior drug convictions or prior ACDs unless exceptional circumstances apply.

In limited circumstances, felony matters may be addressed through separate dispute-resolution procedures under CPL § 215.10, but that procedure has important exclusions and should not be treated as the ordinary misdemeanor ACD process.

Who Must Agree to an ACD?

An ACD is not simply imposed as a unilateral plea. The defense and prosecution ordinarily must agree to the disposition, and the court must approve it. Either side may raise the possibility of an ACD, and in some cases the judge may suggest it, but the required consent must be obtained before the court grants the adjournment.

Advantages of an ACD

For many defendants, an ACD offers substantial benefits:

• No Criminal Conviction: No guilty plea is entered, and the case can end without a criminal conviction.
• Dismissal and Sealing: After the ACD period is successfully completed, the case is dismissed and sealed, subject to the limited access rules that apply under New York law.
• No Probation: Because there is no conviction, an ACD does not result in a sentence of probation.
• Restoration to Pre-Arrest Status: After dismissal, the person is generally restored by law to the status held before the arrest and prosecution.
• Certain Civil Claims Remain Available: Accepting an ACD does not necessarily eliminate claims such as false arrest, false imprisonment, or excessive force, although different rules apply to malicious-prosecution claims.

Potential Disadvantages and Practical Consequences

An ACD is often an excellent result, but there are trade-offs to consider before accepting one:

• The Case Is Not Immediately Over: During the adjournment period, the matter may still appear as an open case for some purposes.
• Background Checks: A closed and sealed ACD generally should not appear on an ordinary employer background check, while law-enforcement agencies may have access to records that are unavailable to the public. During the open ACD period, different results may occur.
• Immigration: An ACD is not a conviction or admission of guilt, but a pending criminal matter or the underlying arrest may still raise immigration questions while the adjournment is open.
• Malicious Prosecution Claims: Accepting an ACD can prevent a later malicious-prosecution claim because the disposition may not satisfy the favorable-termination requirement for that claim.
• Future Criminal Cases: A prior ACD may affect plea negotiations or how a prosecutor evaluates a later case.
• Military, Firearm, and Law-Enforcement Consequences: An open ACD or the underlying arrest may create practical issues for military service, firearm licensing, or law-enforcement employment.

Can an ACD Be Reopened?

Yes. If a defendant is arrested again or fails to comply with an agreed condition, the prosecution may ask the court to restore the case to the calendar. Reopening does not necessarily occur automatically; the prosecution must take steps to bring the alleged violation or new arrest to the court’s attention. Once restored, the case proceeds like another pending criminal case.

Frequently Asked Questions

Can I get an ACD for a felony?

An adjournment in contemplation of dismissal under CPL § 170.55 allows an eligible local criminal court case to be adjourned without a guilty plea. If the case is not restored to the calendar during the statutory period, it is dismissed and sealed. CPL § 170.56 provides a separate framework for certain cannabis-related offenses. In superior court, CPL § 210.47 may apply when the only remaining charges are misdemeanors.

When can a case be resolved with an ACD?

An ACD may be considered while the criminal case is still pending and before a verdict, but whether it is actually available depends on the charge, the procedural posture, and the required consent of the prosecution, defense, and court.

What happens if I violate the terms of my ACD?

The prosecution can move to restore the case to the court calendar. If the case is restored, the original charges remain pending and the matter continues through the criminal-court process.

Should I always accept an ACD when it is offered?

Not necessarily. If the prosecution’s case has significant weaknesses, an outright dismissal or an acquittal may be a realistic objective. The strength of the evidence, possible collateral consequences, and the specific ACD conditions should all be considered before accepting the disposition.

Why Choose The Fast Law Firm?

Deciding whether to accept an ACD, negotiate for a better outcome, or challenge the charges requires a careful review of the law and the facts. The Fast Law Firm represents clients throughout New York City and helps them evaluate ACD offers, negotiate conditions, and address complications that arise during the adjournment period.

• Former prosecutors who understand how criminal cases are evaluated from the inside
• Experience defending clients throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island
• Knowledge of New York criminal courts, local judges, and prosecutors
• Guidance on community service, program participation, restitution, and other ACD conditions
• Prompt intervention when a new arrest or alleged condition violation threatens to restore the case

Your Defense Starts With a Single Call

An ACD can be one of the best outcomes in a New York criminal case, but it is not always the right one. Before agreeing to an ACD, an experienced criminal defense attorney should review the evidence, the available defenses, the proposed conditions, and any consequences that could matter to you. In some cases, the better result may be an outright dismissal rather than an adjournment.

Contact The Fast Law Firm for a confidential consultation about an ACD or other New York criminal matter. Our team can evaluate your options and work toward the most favorable resolution available under the circumstances.