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Criminal Disposition in New York and What It Means for Your Record

Domaine d’activité :Criminal Law

Criminal disposition records how a charge was resolved, including dismissal, acquittal, or conviction, with different effects on your record.

In New York, a guilty plea, an adjournment in contemplation of dismissal, and a dismissal have different legal effects. Before accepting a plea or relying on a case marked “disposed,” confirm the outcome of each charge, any remaining obligations, and whether the record qualifies for sealing.

Contents


1. Reading a Criminal Disposition Beyond “Disposed”


A “disposed” entry alone does not establish guilt or show that your obligations have ended. The result attached to each charge explains whether you have a conviction, whether sentencing remains pending, and which conditions still apply.



Arrest, Charges, and the Recorded Outcome


An arrest does not establish guilt. A charge identifies the offense the prosecution alleges. A disposition records what happened to the charge, while a sentence specifies punishment after conviction.

Check the final offense and statute. A felony charge may resolve through a misdemeanor plea, a noncriminal violation, or dismissal. Different counts can have different outcomes.



Comparing the Recorded Results


A violation is a noncriminal offense under state law, although penalties may still apply. A guilty disposition therefore requires checking whether the final offense is a crime.

Recorded ResultMeaningWhat to Check
DismissedCourt ended the charge without a conviction on that chargeDismissal basis and sealing status
AcquittedTrial resulted in a not-guilty findingFinal order and sealing status
Guilty plea or guilty verdictGuilt established for the specified offense; special adjudications may differFinal offense, sentence, and conditions
ACDCase adjourned toward possible dismissal without admitting guiltConditions and actual dismissal date


2. Dismissal and Acd Have Different Timelines


Diagram: An ACD involves no conviction or admission of guilt; timely court restoration resumes the case, while no timely restoration results in dismissal.
Diagram: An ACD involves no conviction or admission of guilt; timely court restoration resumes the case, while no timely restoration results in dismissal.

A dismissal ends the pending prosecution of the charge, although some dismissal grounds permit further prosecution. An adjournment in contemplation of dismissal postpones the case toward a possible dismissal.



Grounds for Dismissal before Trial


A defective charging instrument, legally insufficient grand jury evidence, or a statutory speedy-trial violation may support dismissal under the applicable rules. A suppression ruling excludes evidence; it does not automatically dismiss the charges. The prosecution may have other admissible evidence.

An attorney handling criminal defense can assess the applicable dismissal ground and whether the prosecution could bring the charge again.



When an Acd Becomes a Dismissal


Under CPL §170.55, an ACD generally requires both parties’ consent and does not constitute a conviction or admission of guilt. The restoration period is ordinarily six months, or one year for qualifying family offenses.

The prosecution may seek restoration during that period. The court must determine that dismissal would not serve the interests of justice. Without timely restoration, the charge is deemed dismissed. Follow program or protection-order conditions and confirm the final entry.



3. Guilty Pleas, Sentences, and Continuing Obligations


A plea agreement describes proposed terms; the court must accept the plea before it resolves the charge. Sentencing may occur later. A probation sentence does not remove a conviction for a crime.



What You Agree to by Pleading Guilty


A guilty plea generally waives trial rights, including confronting witnesses and requiring proof beyond a reasonable doubt. Confirm the offense, sentencing terms, and conditions.

Distinguish a prosecutor’s recommendation from a court’s sentencing commitment. Ask how missed appearances or program requirements could affect the sentence, and what any appeal waiver covers.



Misdemeanor and Felony Consequences


The final offense, prior record, and applicable sentencing statute determine the available punishment. A Class A misdemeanor jail sentence cannot exceed 364 days. Felony sentencing varies by offense and prior convictions; a felony disposition does not invariably require prison.

Eligible sentences may include probation or conditional discharge, with treatment or community-service conditions. If the court orders criminal restitution, check the amount and payment terms. A “time served” sentence does not itself cancel separate obligations.



Consequences Beyond the Sentence


Licensing, employment, firearm restrictions, and registration requirements depend on the offense and applicable law.

Immigration consequences arise under federal law and require review before a plea. A state noncriminal label or later sealing does not, by itself, settle the federal immigration analysis.



4. Confirming Your Record and Reviewing Available Relief


Court records and background checks may differ. Record correction, sealing, and challenging a conviction address separate problems.



Certificates and Sealing Status


Request a Certificate of Disposition from the court with your identification and docket number. Compare it with the disputed report.

Qualifying favorable terminations generally receive automatic sealing under CPL §160.50, subject to statutory exceptions. Sealing restricts access rather than completely erasing the record. If a report still shows a resolved case as pending, identify whether the error lies with the court, DCJS, or the reporting company.

Conviction sealing has separate eligibility rules. Clean Slate is in effect, but courts have until November 16, 2027, to complete implementation. Eligibility does not establish that a particular record is already sealed.



Plea Withdrawal, Appeals, and Post-Conviction Motions


Before sentencing, a court may allow withdrawal of a guilty plea under CPL §220.60, with corresponding local-court rules under §340.20. Afterward, a CPL §440.10 motion may challenge a judgment on specified grounds, such as a constitutional violation. Regret alone is insufficient, and procedural limits can bar relief.

CPL §460.10 generally requires filing and serving notice of a judgment appeal within 30 days after sentencing. Other orders and certain local-court appeals require different procedures. Review criminal appeals promptly rather than waiting for a record issue to resolve.



5. Frequently Asked Questions


Court records also answer questions about access and unresolved proceedings.



Can I Obtain a Certificate for a Sealed Case?


Yes. A defendant can request a certificate for a sealed case with identification. The court may require a notarized statement; a representative may need notarized authorization.



Does a Mistrial Mean My Case Was Dismissed?


No. A mistrial ends that trial without a completed verdict. Further proceedings may follow, subject to double-jeopardy rules and other legal limits.



6. Preparing for a Plea or Sentencing Appearance


Review the proposed offense, sentence, obligations, and record consequences with your attorney before the appearance. Bring court papers and requested employment, treatment, health, or family-support documents. Discuss any statement to the judge beforehand, particularly if charges remain unresolved.


13 Apr, 2026


Les informations fournies dans cet article sont à titre informatif général uniquement et ne constituent pas un avis juridique. Les résultats antérieurs ne garantissent pas un résultat similaire. La lecture ou l’utilisation du contenu de cet article ne crée pas de relation avocat-client avec notre cabinet. Pour des conseils concernant votre situation spécifique, veuillez consulter un avocat qualifié habilité dans votre juridiction.
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