An ACD, or adjournment in contemplation of dismissal, puts a New York criminal case on hold. If you stay out of trouble for six months, or one year in a family offense case, the charge is dismissed and the record is sealed. An ACD is not a guilty plea and not a conviction.
For many first-time misdemeanor charges, an ACD is one of the most favorable outcomes available short of an outright dismissal. But it is never automatic. Both sides must agree to it, and a few mistakes can undo it.
What does ACD mean in New York?
ACD stands for adjournment in contemplation of dismissal. It comes from Criminal Procedure Law §170.55. The court adjourns, or postpones, the case with the expectation that it will be dismissed later.
The statute says an ACD is not a conviction and not an admission of guilt. You do not plead to anything. You are released on your own recognizance while the adjournment runs.
How does an ACD work, step by step?
| Step | What happens |
|---|---|
| 1. Arraignment | The case starts in a local criminal court, such as Syracuse City Court or a town or village court. |
| 2. Agreement | The prosecutor and the defense both agree to an ACD. The court can also propose one, but both sides must consent. |
| 3. Conditions | The judge may set conditions, such as community service, a program or a temporary order of protection. |
| 4. Waiting period | Six months in most cases. One year in a family offense case. |
| 5. Dismissal | If the People do not ask to restore the case during the period, it is deemed dismissed. |
| 6. Sealing | The dismissal is treated as a nullity, and the record is sealed under CPL §160.50. |
What conditions can come with an ACD?
CPL §170.55 lets the court attach conditions. Common ones include:
- A temporary order of protection, especially in a domestic case.
- Community service, which needs your consent and cannot run longer than the adjournment.
- A dispute resolution program.
- For people under 21 in some alcohol-related cases, an alcohol awareness program.
Read every condition before you agree. Breaking one can give the prosecutor a reason to restore the case.
Charged with a misdemeanor in Syracuse or Central New York? Call 315-424-8326 for a free, confidential consultation with a team of former Onondaga County prosecutors. Phones are answered 24/7.
Does an ACD show up on a background check?
During the ACD period, the case is still open. A background check run in that window may show a pending case. After the case is dismissed, the record is sealed under CPL §160.50. Most private employers and landlords cannot see a sealed record.
Sealing has limits. Some agencies can still get access, such as police departments reviewing a job applicant or the office that handles gun license applications. If a job or license matters to you, ask your lawyer how sealing applies to it.
You can request a copy of your own New York criminal history from the Division of Criminal Justice Services to check what it shows.
ACD vs. conditional discharge vs. disorderly conduct
These three outcomes are often discussed in plea talks. They are very different.
| Outcome | Law | Guilty plea? | Conviction? | Record afterward |
|---|---|---|---|---|
| ACD | CPL §170.55 | No | No | Dismissed and sealed after the period |
| Plea to disorderly conduct | PL §240.20 | Yes | Yes, of a violation, not a crime | Generally sealed under CPL §160.55 |
| Conditional discharge | PL §65.05 | Yes | Yes, of whatever you pleaded to | A misdemeanor conviction stays on the record unless later sealed |
A conditional discharge is a sentence, not a dismissal. It follows a guilty plea, with no jail and conditions that run for one year on a misdemeanor or three years on a felony. An ACD avoids a plea entirely.
Who qualifies for an ACD?
No one is entitled to an ACD. It needs the agreement of both the prosecutor and the defense. In practice, it is most common for first-time, lower-level charges in local criminal courts, such as petit larceny, minor drug possession, trespass, criminal mischief and some harassment cases.
Factors that often matter include:
- Your prior record, if any.
- The strength of the evidence.
- Whether anyone was hurt or lost money, and whether restitution was paid.
- The complaining witness’s views, in cases with a named victim.
ACDs are not available in some traffic cases involving commercial drivers or commercial vehicles. Felony cases rarely end in an ACD. Our post on how assault charges can affect your record shows why the type of outcome matters so much.
What happens if you get arrested during an ACD?
The People can ask the court to restore the original case to the calendar during the ACD period. The court may do so if it finds that dismissal would not be in the interest of justice. A new arrest, or breaking a condition such as an order of protection, is the most common reason.
If the case is restored, it picks up where it left off. You would then face both the old charge and any new one. That is why it is important to follow every condition and avoid any new trouble until the period ends.
How a lawyer can help you get an ACD in Syracuse
Most misdemeanor cases in Onondaga County are handled in Syracuse City Court or a town or village court. The same rules apply in Cayuga and Oswego counties. A lawyer can review the evidence, raise weak points with the prosecutor, and present facts about you that support an ACD.
Timing matters. An ACD must be granted before a guilty plea or trial starts. Do not plead guilty at your arraignment without advice. Our guide on what to do after a criminal arrest in Syracuse covers the first steps.
For more on our misdemeanor defense in Syracuse, or for general answers, see our criminal defense FAQs. Cambareri & Brenneck, PLLC is a Syracuse, NY criminal defense firm founded by former Onondaga County prosecutors.
Hoping to keep a charge off your record? Call 315-424-8326 for a free, confidential consultation with a team of former Onondaga County prosecutors. Phones are answered 24/7.
Frequently asked questions
Is an ACD a guilty plea?
No. Under CPL §170.55, an ACD is not a conviction and not an admission of guilt. You do not plead to anything. The case is postponed, and if the People do not ask to restore it during the ACD period, it is dismissed and the arrest and prosecution are treated as a nullity.
How long does an ACD last in New York?
Six months in most cases. In a family offense case, such as one involving a spouse, partner or household member, the period is one year. The case is deemed dismissed when the period ends, unless the People have applied to restore it and the court has agreed.
Do I have to tell an employer about an ACD?
Once the case is dismissed and sealed, New York law generally limits employers from asking about or acting on a sealed arrest. During the ACD period, though, the case is still open and may appear on a check. Some jobs, such as police work, have different rules. Ask a lawyer about your situation.
Can I get an ACD on a felony?
It is rare. ACDs are mostly used for misdemeanors and violations in local criminal courts. A felony charge is sometimes reduced to a misdemeanor first, which can open the door to an ACD. Whether that is possible depends on the facts, your record and the prosecutor’s position.
Does an ACD affect immigration status?
An ACD is not a conviction, so it is generally much safer for non-citizens than a guilty plea. Immigration law has its own rules, though, and some conditions or facts can still matter. If you are not a U.S. citizen, tell your defense lawyer early and get immigration advice before agreeing to any outcome.
This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.