An ACD stands for an Adjournment in Contemplation of Dismissal. When the crime or offense charged is relatively insignificant, the defendant has no arrest/conviction history, or if the prosecution’s case is not that strong, court may grant an ACD, with or without additional conditions, meaning that in 6 months (one year in some cases) the criminal charge will be dismissed and the arrest record sealed. Many minor criminal charges brought in New York City Criminal courts are resolved by an ACD. However, there is always one condition that goes with an ACD – that the defendant does not get re-arrested within the 6-months waiting period. If the defendant is re-arrested or fails to comply with any other condition, the prosecutor may ask the court to restore the case to the court calendar so that the defendant may be prosecuted on the original charge.
If the District Attorney Office moves to restore the charge, they have to do so within 6 months. An application by the DA doesn’t always mean that the case will be restored. Court has discretion to restore the charge or just leave it undisturbed in the interests of justice.