An ACD Stays on Your Record for 6 Months to 1 Year (If Dismissed)
An Adjournment in Contemplation of Dismissal (ACD) typically remains on your record for 6 months to 1 year if the case is dismissed. However, arrest records may persist longer unless sealed or expunged. Duration varies by jurisdiction, case type, and whether you complete court requirements.
What Is an ACD?
- Temporary postponement of a criminal case (usually misdemeanors or non-violent offenses).
- If you meet conditions (e.g., no new arrests, community service), charges are dismissed.
- Not a conviction, but an arrest record may still exist.
How Long Does an ACD Stay on Your Record?
| Scenario |
Duration on Record |
Visibility to Public |
Sealing/Expungement? |
| Active ACD (pending dismissal) |
6-12 months |
Yes (court records, background checks) |
No (must wait for dismissal) |
| Dismissed ACD |
Indefinitely (as arrest record) |
Limited (not a conviction, but may appear) |
Possible (varies by state) |
| Sealed/Expunged ACD |
Removed or hidden |
No (restricted access) |
Yes (requires petition) |
Key Factors Affecting Duration
- Jurisdiction rules: Some states auto-seal dismissed ACDs; others require action.
- Case type: Violent or serious offenses may have longer retention.
- Background check type:
- Basic checks: May not show dismissed ACDs.
- Fingerprint-based checks: Often reveal arrest records.
- Completion of terms: Failure to comply can convert ACD to a conviction.
How to Remove an ACD from Your Record
- Wait for dismissal: Complete all court-ordered conditions (e.g., classes, restitution).
- Request sealing/expungement:
- File a petition after dismissal (timing varies by state).
- Provide proof of compliance and clean record.
- Consult a legal aid clinic: Free or low-cost help for navigating the process.
- Dispute inaccuracies: If the ACD appears incorrectly as a conviction, file a correction.
Does an ACD Affect Employment or Housing?
- Employment:
- Private employers may ask about arrests (but many states limit this).
- Government jobs/licenses often require disclosure.
- Housing:
- Landlords may see arrest records in background checks.
- Dismissed ACDs are less damaging than convictions.
- Loan applications: Rarely impacted unless related to financial crimes.
ACD vs. Other Dispositions
| Disposition |
Record Duration |
Is It a Conviction? |
Can It Be Sealed? |
| ACD (Dismissed) |
6+ months (arrest record may remain) |
No |
Often yes |
| Conditional Discharge |
Indefinite (but not a conviction if completed) |
No (unless violated) |
Sometimes |
| Conviction |
Permanent (unless expunged) |
Yes |
Harder to seal |