Is disorderly conduct a misdemeanor in NYC?

In New York State, disorderly conduct is a violation, which is not considered a crime. As such, a disorderly conduct conviction will not result in a criminal record, unlike misdemeanor or felony convictions.

What is a disorderly conduct charge in NY?

A person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof: He engages in fighting or in violent, tumultuous or threatening behavior; or. He makes unreasonable noise; or.

What is an ACD in New York State?

An ACD is short for an “Adjournment in Contemplation of Dismissal.” In New York, there are two types of ACDs: an ACD pursuant to Criminal Procedure Law (CPL) 170.56, and an ACD pursuant to CPL 170.55 An ACD pursuant to CPL 170.56 is specific to many marijuana offenses.

When is a person guilty of disorderly conduct in New York?

Disorderly Conduct in New York, Penal Law 240.20. A person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof: He creates a hazardous or physically offensive condition by any act which serves no legitimate purpose.

What happens after an ACD adjournment in NYC?

Employment Consequences — Because your case is not dismissed until the period of adjournment has concluded, this means that your arrest will still be on your criminal record and viewable by any current or prospective employers.

How long can an ACD case be postponed in NYC?

Under New York Criminal Procedure Law (CPL) § 170.55, an ACD is “an adjournment of the action without date ordered with a view to ultimate dismissal of the accusatory instrument in furtherance of justice.” In most cases, the length of time that a case is postponed is six months, although the following cases can be adjourned for as much as one year:

What are the consequences of accepting an ACD?

You should keep in mind that some consequences of accepting an ACD may include: Charges Not Immediately Dismissed — Whereas charges are completely dismissed as soon as someone is acquitted or found not guilty at trial, a condition of the ACD is that your charges will not be dismissed until the time that your case has been postponed has lapsed.

Is it illegal to discriminate on the basis of ACD?

Since an Adjournment in Contemplation of Dismissal (ACD) is a termination of criminal proceedings in favor of the accused, then NYCPL § 160.50 (2) would make it unlawful to discriminate on that basis.