Why is an adjournment in contemplation of dismissal still on my record after two years?

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Written by
Jeffrey Johnson
Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Reviewed by
Jeffrey Johnson

Updated January 2025

An adjournment in contemplation of dismissal (ACD) is not the end of the case. You have to actually file the needed paperwork in order to dismiss the case. It’s likely still on the books as a pending criminal case.

You need to get a lawyer (perhaps a different lawyer) to go back and clean this up. You should also look into the laws in your jurisdiction and see if employers are allowed to consider arrests not resulting in convictions in their hiring decisions. Some state laws only allow employers to consider actual convictions.

Some states also allow dismissed or expunged crimes to be reported to governmental employers, whereas private employers would have been told that there was no record. It depends on how the statutes are written in your state. This is why you would be best served by consulting with an attorney experienced in drug cases and expungement of a criminal record.

Case Studies: Persistence of Adjournment in Contemplation of Dismissal (ACD) on Records

Case Study 1: Lingering Effects of ACD

Sarah received an Adjournment in Contemplation of Dismissal (ACD) for a past criminal case, but to her surprise, the record was still on her record after two years. Uncertain about the implications, she sought legal advice to resolve the matter.  Her attorney explained that an ACD is not automatically dismissed; instead, the necessary paperwork must be filed to dismiss the case completely. Sarah learned the importance of taking proactive steps to clear her record to avoid potential consequences.

Case Study 2: Legal Consequences and Employment

Jake faced difficulties securing employment due to an ACD that was still on his record. He decided to consult a lawyer to understand his options for expungement or dismissal of the case. The attorney informed him about the laws in their jurisdiction regarding employers’ consideration of arrests not resulting in convictions. Jake realized the significance of seeking professional legal assistance to navigate the complexities of expungement and ensure a clean record for better job prospects.

Case Study 3: State-Specific Considerations

Michael sought information on how his ACD could affect his chances of employment. In his research, he discovered that the laws concerning reporting of dismissed or expunged crimes vary from state to state. To gain clarity, he consulted an attorney well-versed in drug cases and criminal record expungement. The attorney explained the nuances of state statutes and guided Michael on the appropriate course of action to improve his employment prospects.

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