If you’ve been through the New York criminal court system and walked away with an Adjournment in Contemplation of Dismissal (commonly called an ACD or ACOD), you probably felt a wave of relief. And rightfully so. In New York, an ACD is widely considered one of the best outcomes you can get short of having charges dropped entirely. No guilty plea, conviction, or criminal record once the case is dismissed and sealed. For most purposes, it’s like it never happened.
But here’s the thing: “most purposes” doesn’t always include the Canadian border.
If you’re a New Yorker with an ACD on your record, and you’re planning to travel to Canada, there are some important things you need to understand before you show up at the border or book that flight to Toronto.
What Is an ACD?
Under New York Criminal Procedure Law § 170.55, an Adjournment in Contemplation of Dismissal is exactly what it sounds like: the court adjourns—or pauses—your case for a set period of time, typically six months (or up to twelve months for family offenses), with the expectation that charges will be dismissed at the end of that period as long as you stay out of trouble.
Crucially, an ACD is not a guilty plea. You are not admitting to anything. If you successfully complete the adjournment period, the charges are dismissed and your record is sealed under CPL § 160.50. In the eyes of New York law, the arrest and prosecution are treated as a nullity. Legally, it’s as if the whole thing never happened.
Conditions during the adjournment period can include staying arrest-free, completing community service, attending counseling or educational programs, or paying restitution, depending on the nature of the charge.
For most New Yorkers, a successfully completed ACD means moving on with life. The question is whether that freedom to move on extends to the Canadian border—and the answer depends on some specific circumstances.
How Canada Looks at an ACD
Here’s where things get more complicated. Canada’s admissibility rules, governed by the Immigration and Refugee Protection Act (IRPA), focus primarily on whether a foreign charge resulted in a criminal conviction and how the underlying offense would be classified under Canadian law.
Because an ACD does not result in a conviction, a successfully completed and sealed ACD generally places you in a more favorable position than someone with a formal conviction on their record. Canadian immigration law distinguishes between convictions and non-convictions, and a dismissed charge typically does not, on its own, render you inadmissible.
So if your case was fully resolved through an ACD and the record has been sealed, you may well be admissible to Canada without any special permits or paperwork.
The obstacle? There is no presumption of innocence at the Canadian border.
The Border Is a Different Story
Canadian Border Services Agency (CBSA) officers have access to U.S. federal criminal databases. That access can surface arrest records—even sealed ones. A border officer who sees an arrest in their system may ask you about it, and how you respond and what documentation you carry can make a significant difference in what happens next.
This is especially relevant in two situations:
Your ACD Case Involves a DUI or Impaired Driving
Cases that involve DUI or impaired driving face additional scrutiny. Canada reclassified impaired driving as serious criminality in December 2018, making it punishable by up to ten years in prison under Canadian law. That elevated status means border officers treat any DUI-related arrest with a higher level of scrutiny, regardless of whether a conviction resulted. Even an unresolved or dismissed DUI charge can prompt additional questioning and denial of entry.
You’re Traveling While Your ACD Period Is Still Active
Traveling while your ACD period is still active makes your situation more complicated. The charges have not yet been dismissed—they’re still technically pending. An open criminal matter is enough for a border officer to question your admissibility, and in some circumstances, to deny you entry entirely. Traveling to Canada mid-ACD is a risk that should not be taken without getting proper legal advice first.
Your Options If There’s a Problem
If you have an ACD that’s either completed or still active, and you’re concerned about Canadian travel, the good news is that you do have options. The right path forward depends on your specific situation.
Documentation
Having the right documentation is the first line of defense for most people with a completed ACD. Carrying court records showing the dismissal and sealing of your case, along with a clear explanation of what an ACD is under New York law, can go a long way with a border officer.
Some travelers also work with a Canadian immigration attorney to obtain a Legal Opinion Letter. This document explains how your case should be evaluated under Canadian immigration law and confirms your admissibility.
Temporary Resident Permit (TRP)
A TRP is an option for those who may face inadmissibility issues, including travelers who need to cross the border while a charge is still pending or active. A temporary resident permit grants permission to enter Canada for a specific purpose and period of time. It’s typically stronger when applied for through a Canadian consulate in advance rather than at the border.
Criminal Rehabilitation
Criminal rehabilitation is a longer-term solution for those with formal convictions who want to permanently resolve their inadmissibility. However, for most people whose cases were fully resolved through an ACD, this may not be necessary.
Don’t Guess at the Border…Get the Facts From KLM Immigration
An ACD is a genuinely favorable outcome, and for many New Yorkers it will create little to no issue with Canadian travel, especially once the case is fully dismissed and sealed. But “little to no issue” isn’t the same as “no issue,” and walking up to a Canadian border crossing without understanding your specific situation is a gamble that isn’t worth taking.
Schedule a free case review with KLM Immigration today. You can contact us by phone at 888-603-3003 or fill out our contact form online. We’ll review the specifics of your situation, explain exactly where you stand with Canadian border authorities, and help you travel with confidence.
