What is an “ACD” in New York?

“ACD” in New York State stands for an Adjournment in Contemplation of Dismissal. An “ACD” is essentially a delayed dismissal of a criminal charge. The District Attorney’s office must consent to the ACD application made pursuant to Criminal Procedure § 170.55.

If the Court grants an application for an ACD, the matter gets adjourned to a future date for dismissal. On that future date, no appearances in court are necessary. The matter gets dismissed on the close of business on the date selected at the time of the application. The length of a standard ACD under CPL § 170.55(2) is 6 months. However, the length of an ACD involving a family offense is for one year. While in ACD status, the matter remains open. Technically, the matter will show up as an open case if a background check was conducted during the ACD period.

Upon dismissal of a matter in ACD status, the dismissed case should be sealed pursuant to CPL § 160.50 thereafter. A District Attorney’s office could choose to re-open the matter in ACD status prior to dismissal if the individual gets re-arrested and/or picks up new criminal charges during the open ACD period. It is crucial to abide by all conditions of an ACD to ensure dismissal at the end.