Adjournment in Contemplation of Dismissal (ACD)
What is an ACD?
An ACD stands for an Adjournment in Contemplation of Dismissal. That means the court will adjourn your matter – push it out to a later date, while it contemplates – considers, dismissing the charge(s) pending against you. They can be either six (6) months or one (1) year long. The only question is whether you are re-arrested and facing new charges during the six (6) months or year. If you are re-arrested while the ACD is pending, it is up to the Prosecutor to decide if they want to re-open your case. If you case is re-opened, you are afforded a new opportunity to defend yourself against the charge(s). If you are not re-arrested, the charge(s) will be automatically dismissed once that time has passed. Once the charges are dismissed, any record of the offense is automatically sealed, which means it would not show up on a background check. If you were fingerprinted, your prints are also expunged from the Sheriff’s records.
ACD’s are often offered by the prosecution when they do not have a strong case, when they feel a defendant deserves a second chance at a clean record, or after a defendant fulfills a particular request. Requests made by the prosecution can include completing an online shoplifting course, a parenting course, a mental health or substance abuse evaluation, or paying restitution.
ACD’s do not require a plea of guilt, and present a guaranteed path to the dismissal of a charge not promised by going to trial. It is important to understand that the charge(s) against you will remain open during the period of the ACD; however, employers in New York are not allowed to hold them against you. If we get an ACD in your case and you would like a letter to your employer explaining that law, I am always happy to provide one.
