How to Get Criminal Charges Dismissed in Nassau County: ACDs, Diversion Programs, and Alternatives to Conviction

When you’re facing criminal charges in Nassau County, the fear of a permanent conviction hangs over everything — your job, your family, your future. But what many people don’t realize is that a criminal arrest does not have to end in a criminal conviction. New York law provides several pathways that can result in your charges being dismissed, sealed, or resolved without a criminal record. The key is knowing which options exist, which ones apply to your case, and how to position yourself to get one.

This guide explains every major alternative to conviction available in Nassau County’s criminal court system — from ACDs to drug treatment court to the new Pre-Arraignment Diversion program — and how an experienced criminal defense attorney can fight to get you into one.

Adjournment in Contemplation of Dismissal (ACD)

The ACD is the single most important alternative to conviction in New York criminal law. Under Criminal Procedure Law §170.55 (for misdemeanors) and §170.56 (for marijuana-related offenses), the court can adjourn a case for a set period, and if the defendant stays out of trouble during that time, the charges are dismissed and the record is sealed.

Here’s how it works:

The adjournment period. For most misdemeanors, the court adjourns the case for 6 months to 1 year. During this period, you are not on probation — there are no check-ins, no drug tests, and no officer supervising you. In some cases, the ACD includes conditions such as community service, a program completion, or restitution to the victim.

The dismissal. If you are not re-arrested and you complete any conditions the court imposed during the adjournment period, the charges are automatically dismissed. You do not need to return to court for the dismissal — it happens by operation of law.

The sealing. Once the charges are dismissed under an ACD, the arrest record and all associated records are sealed under CPL §160.50. This means the arrest will not appear on most background checks. For many people, especially professionals worried about whether their employer will find out about an arrest, an ACD is the best possible outcome short of an outright dismissal.

What charges are eligible for an ACD?

In theory, virtually any misdemeanor or violation is eligible for an ACD. Common charges where ACDs are granted include petit larceny/shoplifting, harassment, disorderly conduct, trespassing, minor drug possession, and certain assault cases. However, an ACD is not available for DWI charges (VTL §1192), domestic violence offenses involving a family offense petition, or sex offenses — these are specifically excluded by statute.

The catch: ACDs require the DA’s consent.

Under CPL §170.55, an ACD can be granted with the consent of both the prosecution and the defense, or on the court’s own motion. In practice, in Nassau County, the DA’s office has significant influence over whether an ACD is offered. As we’ve discussed in our post on how Nassau County’s criminal court system is different, the local DA’s office is more conservative than many other jurisdictions in New York. Securing an ACD here often requires persistent, informed advocacy from defense counsel who knows the ADAs and the judges personally.

Pre-Arraignment Diversion (PAD)

Nassau County’s Pre-Arraignment Diversion program (PAD) is one of the most valuable alternatives available — and one of the least known. PAD diverts eligible individuals away from the criminal court process entirely, before they are even arraigned. If you are accepted into PAD and complete the program, the DA’s office either declines to prosecute or dismisses the case, your fingerprints and arrest photographs are destroyed, and the criminal record for the arrest is sealed.

Who is eligible?

PAD is offered to individuals who have received Desk Appearance Tickets (DATs) for certain low-level, non-violent, non-victim offenses. The most common eligible charges include:

Criminal Possession of a Controlled Substance in the Seventh Degree (PL §220.03) — a Class A misdemeanor covering small-quantity drug possession.

Petit larceny and certain low-level theft offenses without individual victims (e.g., retail theft from large chain stores).

Criminal possession of marijuana and certain cannabis-related offenses.

Other low-level misdemeanors and violations at the DA’s discretion.

Who is NOT eligible?

PAD excludes individuals arrested for offenses against individual victims, DWI offenses, those with open pending criminal cases, those with prior felony convictions, those on probation or parole, and those with outstanding warrants.

How does it work?

If you receive a DAT for an eligible offense, the DA’s office will contact you with an offer to participate in PAD before your arraignment date. If you agree, you meet with intake specialists from the Family and Children’s Association (FCA), who assess your needs and connect you with appropriate services — which may include community service, substance abuse treatment, job training, counseling, or other community-based programs. Nothing you say to the intake specialists can be used against you if the case ultimately goes to court. If you decline PAD, there is no adverse impact and your case proceeds to arraignment as scheduled.

Why PAD is so valuable: Unlike an ACD, which still requires an arraignment, a court appearance, and a period of adjournment on your record, PAD resolves the case before you ever set foot in a courtroom. There is no arraignment, no criminal court file, and no record of a court proceeding. For people who need the matter resolved quickly and quietly, PAD is the gold standard.

Drug Treatment Court

Nassau County operates a Drug Treatment Court at the courthouse at 99 Main Street in Hempstead. This program is designed for defendants whose criminal behavior is driven by substance abuse. If you successfully complete the program, your charges can be dismissed or significantly reduced.

Eligibility requirements:

You must be at least 21 years of age.

You must be facing charges that could result in a sentence of 90 days in jail, or you must have at least two prior criminal convictions.

Alcohol or substance abuse must have contributed to the pending charge — this is common with drug possession cases but can also apply to theft, burglary, and other offenses driven by addiction.

Your charges must be misdemeanors or violations with no pending felony charges.

You must acknowledge having a substance abuse problem and be willing to engage in treatment for at least 12 months.

What the program involves: Drug Treatment Court is not a free pass. It is an intensive, level-based treatment program that includes random drug testing, individual and group counseling, case management, and regular appearances before the Drug Court judge. The program lasts a minimum of 12 months. If you fail to comply, you face the original criminal charges plus potential additional consequences.

Why it’s worth it: For people genuinely struggling with addiction, Drug Treatment Court offers something the regular criminal process cannot: real treatment, structured support, and a path to dismissal. A successful completion can mean the difference between a criminal record that follows you for life and a fresh start.

Felony Judicial Diversion (CPL §216.05)

For defendants facing felony charges where substance abuse was a contributing factor, New York offers Judicial Diversion under CPL §216.05. This program is separate from the misdemeanor Drug Treatment Court and operates at the felony level, typically in the Nassau County Court in Mineola.

Under Judicial Diversion, the court can order you into a treatment program as an alternative to incarceration. If you successfully complete the program, the court can dismiss the felony charges, reduce them to a misdemeanor, or impose a non-incarceratory sentence. This can mean the difference between years in state prison and a dismissal.

Eligibility considerations:

You cannot have been convicted of a violent felony in the past 10 years.

You must have a documented history of alcohol or substance abuse that contributed to your criminal behavior.

Both the defense and prosecution present evidence at a judicial diversion hearing, and the court makes the final determination.

Judicial Diversion is particularly relevant for individuals facing felony drug charges or repeat offenders whose criminal history is driven by addiction. It can also apply to certain theft felonies and other non-violent offenses where substance abuse is a documented factor.

Veterans Treatment Court

Nassau County operates a Veterans Treatment Court at 99 Main Street in Hempstead, designed specifically for current and former military service members whose criminal charges are connected to issues arising from their service — including PTSD, traumatic brain injury, substance abuse, and mental health conditions.

Veterans Treatment Court provides substance abuse and mental health treatment, one-on-one veteran peer mentor support, coordination with the Department of Veterans Affairs for healthcare and benefits, and regular court appearances with a dedicated judge who understands military-specific issues. Successful completion can result in dismissal or significant reduction of charges.

If you are a veteran facing criminal charges in Nassau County, this program can be a lifeline. Your attorney should raise your veteran status at the earliest possible stage of the case.

Mental Health Court

Nassau County’s Mental Health Court is a diversion program for individuals with documented mental illness whose psychiatric symptoms contributed to their criminal conduct. The program handles both felony and misdemeanor cases and provides comprehensive mental health treatment and services as an alternative to incarceration.

Mental Health Court is particularly relevant for individuals whose criminal charges stem from behavior during a mental health crisis — including certain assault charges, disorderly conduct, harassment, criminal mischief, and other offenses that may appear in the context of untreated or undertreated psychiatric conditions. Successful completion can result in charges being dismissed or reduced.

The STEP Program (DWI-Specific)

While most diversion programs exclude DWI offenses, Nassau County offers the STEP Program (Supervision, Treatment, Education, and Prevention) specifically for DWI defendants. Following a DWI or DWAI-Drug charge, defendants can be referred by the court, the Probation Department, or their attorneys for a clinical assessment to determine substance abuse treatment needs.

The STEP Program does not result in a dismissal of charges the way an ACD does. Instead, it is incorporated into the sentencing or probation conditions and can result in more favorable sentencing outcomes. For first-offense DWI defendants, demonstrating engagement with the STEP Program can help your attorney argue for a reduced sentence or a conditional discharge rather than probation.

How to Maximize Your Chances

Getting into a diversion program or securing an ACD does not happen by default. In Nassau County, it requires strategic advocacy from an attorney who understands the local landscape. Here is what matters most:

Act quickly. Some programs, like PAD, must be accepted before arraignment. Drug Treatment Court evaluations should be requested as early as possible. The earlier your attorney engages with the DA’s office about alternatives, the more likely you are to secure one.

Build the case for diversion. The DA and the judge want to see that you are taking the situation seriously. Voluntarily enrolling in counseling, substance abuse treatment, community service, or anger management before your court date demonstrates accountability and makes the argument for diversion much stronger.

Understand what the DA’s office values in Nassau County. As we’ve repeatedly noted, Nassau County’s DA’s office is more conservative than its counterparts in Brooklyn, Manhattan, or the Bronx. But “conservative” does not mean “inflexible.” ADAs in Nassau County respond to preparation, professionalism, and a well-documented record of the defendant’s positive steps. A defense attorney who has daily relationships with these prosecutors can make arguments that a stranger to the courthouse cannot.

Know the exclusions. Not every charge is eligible for every program. DWI offenses are excluded from ACDs but may qualify for STEP. Domestic violence cases are excluded from ACDs under certain circumstances but may be eligible if no family offense petition has been filed. Felonies generally require Judicial Diversion rather than a standard ACD. An experienced attorney maps out every available pathway and pursues the one most likely to succeed.

Contact Hochhauser Criminal & DWI Defense Today

A criminal charge does not have to become a criminal conviction. But the window for alternatives closes quickly, and the opportunities are only available to those who know they exist and fight for them. At Hochhauser Criminal & DWI Defense, Richard Hochhauser is a former Nassau County prosecutor who spent years on the other side of these negotiations. He knows which programs are available, which ADAs are receptive, and how to position your case for the best possible outcome.

We represent clients facing every type of criminal charge across Nassau County, Suffolk County, and all of Long Island — including drug charges, theft offenses, assault, DWI, domestic violence, and more. If you’ve been arrested and want to explore every option for keeping a conviction off your record, contact us today for a free, confidential consultation. Call or text (516) 939-1529. Our office is located directly across from the Nassau County courthouse at 164 Jackson Street in Hempstead.