ACD (Adjournment in Contemplation of Dismissal)
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Plain-English Meaning
A court resolution that adjourns a case for a period of time — typically 6 months to 1 year — with the understanding that if the defendant stays out of trouble, the case will be dismissed and sealed. No guilty plea is required. It is not a conviction.
Legal Context
Under N.Y. CPL § 170.55 (misdemeanors) and § 170.56 (marijuana cases), an ACD adjourns and ultimately dismisses a case upon application of either party or on the court's motion. The defendant is not convicted and must not be re-arrested during the adjournment period. Upon dismissal, the case is sealed under CPL § 160.50. ACDs are commonly offered for first-time offenders, minor offenses, and cases with weak evidence.
Real-Life Example
On her first arrest for petit larceny, the DA offered Brianna an ACD. She accepted — no guilty plea, no conviction. Six months later, having no new arrests, her case was dismissed and sealed. On background checks, the arrest would not appear as a conviction.
Related Statutes
Related Terms
Source
Based on N.Y. CPL §§ 170.55, 160.50. Original B-Legal plain-language explanation.
N.Y. CPL § 170.55
Definitions are simplified for education. Legal meanings vary by jurisdiction, context, and case facts. This definition is original B-Legal content and is not affiliated with or derived from any proprietary legal dictionary.