If you have been charged with a misdemeanor in Nassau County, the prosecutor may offer you an Adjournment in Contemplation of Dismissal (ACD). An experienced Nassau County misdemeanor defense attorney can help you understand your options and whether accepting an ACD is the right decision.

An ACD can be a favorable outcome because it allows you to avoid a criminal conviction. However, accepting an ACD is an important legal decision. It can affect your employment, immigration status, professional licenses, firearm rights, and future legal matters.

Before accepting an ACD, you should understand what it means, how it works, and whether it is the best option for your case.

What Does Adjournment in Contemplation of Dismissal Mean?

An Adjournment in Contemplation of Dismissal, commonly called an ACD, means that the court delays your criminal case with the goal of dismissing the charges.

Instead of pleading guilty, you do not admit guilt. The court places your case on hold for a specific period of time. If you follow the conditions of the ACD and the case is not restored to the court calendar, the charges are dismissed.

In simple terms, an ACD gives you the opportunity to have your criminal case dismissed without receiving a conviction.

What Is an Adjournment in Contemplation of Dismissal in New York?

New York law allows courts to grant ACDs in certain criminal cases, including many misdemeanor and violation offenses.

When a judge grants an ACD:

  • You do not plead guilty.
  • You do not receive a criminal conviction.
  • Your case is postponed for a set period of time.
  • You must comply with any conditions ordered by the court.
  • Your charges are dismissed if you successfully complete the ACD period.

For most misdemeanor cases, the ACD period is generally six months. Some cases may involve different time periods depending on the charges and applicable law.

In Nassau County, ACDs are commonly considered in misdemeanor cases handled in Nassau County District Court. An experienced Nassau County criminal lawyer can review the charges, evidence, and potential consequences before you accept an offer.

How Does an ACD Work?

An ACD does not immediately end your criminal case.

Instead, the court adjourns your case while you complete the required period.

During the ACD period:

  • Your case remains pending.
  • You must follow the conditions of the ACD.
  • You must avoid new legal problems.
  • You usually do not have to return to court unless an issue arises.

If you successfully complete the ACD period, the court dismisses the case.

After dismissal, New York law generally treats the arrest and prosecution as a nullity. However, certain agencies may still have limited access to records related to the arrest and case.

What Is the Difference Between an ACD and a Dismissal?

An ACD and a dismissal are not the same thing.

A dismissal means the criminal case has ended. The charges have been terminated, and the prosecution cannot continue the case.

An ACD is a step that can lead to dismissal.

With an ACD:

  • The charges are still pending.
  • The case remains open during the adjournment period.
  • The prosecutor may ask the court to restore the case under certain circumstances.

With a dismissal:

  • The charges are dismissed.
  • The case is no longer pending.
  • The criminal prosecution ends.

An ACD provides a pathway to dismissal, but you do not receive an immediate dismissal when the court grants the ACD.

What Are the Benefits of Accepting an ACD?

For many people, an ACD can be an excellent resolution.

You Avoid a Criminal Conviction

An ACD allows you to avoid pleading guilty and avoid a criminal conviction.

This can help protect your employment opportunities, professional reputation, and future goals.

You Avoid the Risks of Trial

Every trial involves uncertainty. Even when you have defenses, there is always a risk of conviction.

An ACD may allow you to resolve your case without taking that risk.

You May Avoid Additional Court Appearances

Many defendants who receive an ACD do not need to return to court unless the case is restored.

You Have an Opportunity to Move Forward

If you complete the ACD successfully, the court dismisses your case, allowing you to move forward without a conviction.

What Are the Disadvantages of Adjourning a Case?

Although an ACD can be beneficial, it is not always the best choice.

Before accepting an ACD, you should understand the potential disadvantages.

The Case Is Not Immediately Dismissed

The biggest disadvantage of an ACD is that your case remains pending during the adjournment period.

You do not receive a dismissal on the day the court grants the ACD.

The Case Can Be Restored

An ACD does not guarantee dismissal.

If you violate the conditions of the ACD, the prosecutor may ask the court to restore your case.

If the court restores the case, the prosecution can continue.

Employment Concerns

Some employers, licensing agencies, and government organizations may view pending criminal charges differently than dismissed cases.

If your job requires background checks, security clearances, or professional licensing, you should understand how an ACD may affect you.

Immigration Consequences

An ACD is not a conviction. However, non-citizens should carefully consider the immigration consequences before accepting any criminal disposition.

Pending criminal charges and the underlying facts of the case may still create immigration concerns. An ACD may affect visa applications, naturalization, immigration proceedings, and future interactions with immigration authorities.

Non-U.S. citizens should also speak with an attorney before traveling outside the United States while their case is under an ACD. Although an ACD is not a conviction, leaving the country during the adjournment period may create complications when attempting to return. Immigration officers may ask about the pending criminal case, and returning to the United States may become more difficult depending on your circumstances.

Anyone with immigration concerns should consult with both a criminal defense attorney and an immigration attorney before accepting an ACD or making international travel plans.

Firearm and Licensing Issues

An ACD may affect firearm licensing decisions and certain professional licenses while the case remains pending.

Police officers, peace officers, and others with firearm-related licenses should carefully review the consequences before accepting an ACD.

Future Criminal Cases

Although an ACD does not create a conviction, prosecutors may consider prior ACDs when evaluating future criminal cases.

What Charges Can Receive an ACD in Nassau County?

ACDs are commonly considered in certain misdemeanor and violation cases, including:

Whether an ACD is available depends on the facts of your case.

Prosecutors may consider:

  • Your criminal history
  • The seriousness of the allegations
  • The strength of the evidence
  • Whether anyone was injured
  • Your personal circumstances

Should You Accept an ACD?

There is no single answer that applies to every case.

An ACD may be a good option if:

  • The evidence against you is strong.
  • You want to avoid the risk of trial.
  • You qualify for the offer.
  • Avoiding a conviction is your primary goal.

However, you may want to consider other options if:

  • You have a strong defense.
  • You want to fight the charges.
  • You need immediate dismissal.
  • A pending criminal case could affect your employment or licensing.
  • Immigration consequences are a concern.

Before accepting an ACD, you should understand both the benefits and the possible consequences.

Frequently Asked Questions About ACDs in New York

What does Adjournment in Contemplation of Dismissal mean?

An Adjournment in Contemplation of Dismissal (ACD) means that the court postpones your criminal case for a set period of time while you comply with certain conditions. If you successfully complete the ACD period, the court dismisses the charges.

An ACD allows you to avoid a criminal conviction without pleading guilty.

What is the difference between an ACD and an ACOD?

An ACD and an ACOD refer to the same type of disposition.

ACD stands for Adjournment in Contemplation of Dismissal.

ACOD is simply another abbreviation sometimes used for the same legal procedure.

In New York, attorneys and courts commonly use the term ACD.

Does an ACD show up on a background check?

An ACD is not a conviction. However, while the case is pending, an ACD may appear on certain background checks because the arrest and criminal case still exist. After dismissal, the case is generally protected from public disclosure under New York law, but certain government agencies, law enforcement agencies, and licensing authorities may still have access under limited circumstances.

Can an ACD affect my job?

An ACD may affect employment decisions depending on the type of job, the employer, and whether the position involves licensing, government employment, security clearances, or background checks. While an ACD is not a conviction, some employers may still learn about the pending case.

Does an ACD affect immigration?

An ACD is not a conviction. However, an ACD may still create immigration concerns depending on the charges and the facts of the case.

Non-U.S. citizens should speak with a criminal defense attorney and an immigration attorney before accepting an ACD. Immigration consequences can depend on factors such as the type of charge, the underlying conduct, and your immigration status.

Can I travel outside the United States during an ACD?

Non-U.S. citizens should speak with an attorney before traveling internationally during an ACD period.

Although an ACD is not a conviction, the criminal case may still be pending. Immigration authorities may ask about the case when you attempt to return to the United States.

Traveling while your case is pending may create complications depending on your circumstances.

Is an ACD a conviction?

No. An ACD is not a conviction and does not require a guilty plea.

Do I have to admit guilt to receive an ACD?

No. An ACD does not require you to admit guilt.

Will my case automatically be dismissed after an ACD?

Usually, yes. If you comply with the conditions of the ACD and the prosecutor does not restore the case, the charges will be dismissed after the adjournment period.

Can the prosecutor bring my case back after an ACD?

Yes. If you violate the conditions of the ACD, the prosecutor may ask the court to restore the case to the active calendar.

If the court restores the case, the prosecution can continue.

Will an ACD clear my record?

An ACD does not immediately erase the arrest from your record.

After dismissal, New York law generally provides protections against public disclosure. However, certain agencies may still access records in situations allowed by law.

Speak With an ACD Lawyer in Nassau County Before Accepting an Offer

An Adjournment in Contemplation of Dismissal can be an excellent result, but it is not automatically the right choice for every case.

At The R.M.L. Law Firm, PLLC, we review the charges, evidence, and potential consequences before advising you whether an ACD is in your best interests.

If you have been offered an ACD in Nassau County, contact an experienced Nassau County misdemeanor defense lawyer to discuss your options before accepting the offer.