Ending Without A Conviction
CPL § 170.55 — adjourned in contemplation of dismissal, and deemed dismissed after six months, or one year in a family offense case
Adjourned. Before a plea or trial on a local criminal court accusatory instrument, the court may, on motion of either side with the other's consent, or on its own motion with both consenting, adjourn the action in contemplation of dismissal. The defendant is released on their own recognizance.
Six months, or one year. The people may apply within six months, or one year in a family offense case, to restore the case to the calendar if dismissal would not be in furtherance of justice. If it is not restored within that time, the accusatory instrument is deemed dismissed in furtherance of justice.
Conditions. The court may issue a temporary order of protection, require an educational program on family violence in a family or household case, require dispute resolution, or require services for a public or not-for-profit body.
Whether a person qualifies, what conditions a court sets, and whether the record can later be sealed are questions for a licensed New York attorney. Sealing has its own page.
Sources for this section (1)
- CPL § 170.55 — Adjournment in contemplation of dismissal
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.