Adjournment in contemplation of dismissal

[2][3] The judge adjourning in contemplation of dismissal may impose specific conditions on the defendant subject to the ACD, which may include community service, drug rehabilitation, making restitution with a victim of the circumstances, avoiding contact with the victim, or completing some other diversion program.

It may also be accompanied by an admonition to abstain from wanton, injurious, criminal, abusive or disruptive behavior.

If evidence demonstrating guilt is not presented, the matter is deemed dismissed, and the ACD proceeds along its standard course of action.

In most jurisdictions an ACOD is not classified as a form of probation, and if successfully completed the defendant does not receive a conviction.

[8] In New York State, a case subject to an ACD is normally dismissed and sealed on the date of adjournment,[9] except on objection from the prosecution.