This form is an official State of New York Family Court sample form. Available for download in Wordperfect and Adobe pdf formats.
New York Order of Adjournment In Contemplation of Dismissal
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New York
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NY-7-6
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FAQ
(1) Adjournment in Contemplation of Dismissal (ACD) is a pre-plea disposition and not a conviction for immigration purposes.During the ACD period, the criminal case is open.
Generally speaking, an offer of an Adjournment in Contemplation of Dismissal (ACD) to resolve criminal charges is usually a very attractive plea bargain offer to a criminal defendant.
An Adjournment in Contemplation of Dismissal (an ACOD) is an agreement between the District Attorney's office and the defense, to have your case adjourned for 6 months (or in the case of certain marijuana cases 12 months) with a view toward having the case ultimately dismissed.
In the case of the ACD resolution, the case is dismissed and sealed. Therefore, there is no criminal record.It does not give you a criminal record.
Yes. If the ACD has not expired, then it will show up on a background check.
An ACD is not an admission of guilt and the arrest and prosecution are deemed a nullity. The defendant is restored 2026 to the status he occupied before his arrest and prosecution. Next, because there is no conviction there is no period of probation to deal with: no checking in with a probation officer and no
Successful completion of a deferred prosecution agreement does not constitute a conviction under the statutory definition of conviction for immigration purposes, because the defendant completes the required conditions and obtains a dismissal of all charges.There is therefore no conviction for immigration purposes.
A conviction for immigration purposes means a formal judgment of guilt entered by the court.A judge or jury has found the alien guilty or the alien entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt; and.