ACD in New York: What an Adjournment in Contemplation of Dismissal Means and Whether It Shows on a Background Check
If you were arraigned on a misdemeanor in Manhattan and the prosecutor offered you an “ACD”, you were offered the best common outcome short of outright dismissal. This page explains what it is, what it costs you, and what shows up afterwards.
What an ACD is
ACD stands for adjournment in contemplation of dismissal. It is set out in Criminal Procedure Law 170.55. The court adjourns your case for a set period. If nothing happens during that period, the charge is dismissed automatically. You do not plead guilty, you do not admit anything, and there is no conviction.
Both the District Attorney and you must consent. The judge can also grant one over the DA’s objection in limited circumstances, but in Manhattan it is almost always a negotiated offer.
How long it lasts
- Six months for most misdemeanors and violations.
- Twelve months where the charge is a family offense (the domestic violence category, between people in a family or intimate relationship).
The clock starts the day the ACD is granted.
Conditions
An ACD can be unconditional, meaning you only need to avoid a new arrest. It can also come with conditions, and in Manhattan it often does. Common ones:
- A set number of community service hours.
- A short program: anger management, a shoplifting course, a drug or alcohol assessment.
- A temporary order of protection staying in place for the adjournment period.
- A requirement to stay away from a particular store or address.
If you complete the conditions and are not re-arrested, the case is dismissed at the end of the period without you having to come back to court.
What breaks it
The DA can move to restore the case to the calendar before the period ends if you are arrested again or fail to complete a condition. Restoration does not mean you are convicted; it means the original case is back on, and you are where you started. In practice, a new arrest during an ACD period is the thing that most often gets it restored.
What happens at the end
When the period runs out without restoration, the charge is dismissed and the arrest and prosecution are sealed under CPL 160.50. The statute says the arrest and prosecution are deemed a nullity, and you are restored to the status you had before the arrest. Fingerprints and photographs taken at arrest are returned or destroyed, except for the limited situations the statute lists.
Background checks: what an employer sees
Three stages:
- While the case is open, it is a pending criminal case and a court records check will show it. If a job application asks about pending charges, the honest answer is yes.
- After dismissal and sealing, a standard employment background check does not show it. New York law also bars most employers from asking about sealed cases.
- Exceptions. Sealed records remain available to a small set of agencies: for example a firearms licensing authority, and law enforcement agencies when you apply to work for them. Federal fingerprint databases can also lag behind the state sealing.
Immigration
An ACD is generally not treated as a conviction for immigration purposes, because there is no plea or finding of guilt and no punishment imposed. Conditions such as community service or a program can complicate that analysis, and the arrest itself can still be asked about. If you are not a U.S. citizen, have the offer reviewed by a lawyer who knows immigration consequences before you accept it at arraignment.
ACD versus a plea to a violation
The other common offer on a first-time Manhattan misdemeanor is a plea to disorderly conduct, Penal Law 240.20, which is a violation rather than a crime. The difference matters:
- An ACD ends in dismissal and sealing. There is no plea.
- A violation plea is not a criminal conviction, but it is a plea, and the record is only sealed under a narrower rule. It is a worse outcome than an ACD for almost everyone.
If you are offered a violation plea, ask why an ACD is not on the table.
Related guides
Common questions
Is an ACD a conviction?
No. An ACD is not a conviction and not an admission of guilt. If the adjournment period ends without the case being restored, the charge is dismissed and the record is sealed.
How long does an ACD last?
Six months in most cases. Twelve months where the charge is a family offense, such as a domestic violence case.
Does an ACD show up on a background check?
While the case is pending, it shows as an open case. Once dismissed and sealed under CPL 160.50, it does not appear on a standard employment background check. Certain government agencies, for example when you apply for a firearms license or a law enforcement job, can still see sealed records.
Can I take an ACD for a felony?
No. CPL 170.55 applies to misdemeanors and violations in local criminal court. Felonies must be reduced to a misdemeanor first.