Dismissal of action; effect thereof; records · as in force on May 31, 2026
§ 215.40 Dismissal of action; effect thereof; records.
If an action has not been restored to the calendar within six months, or where the defendant has agreed to pay a fine, restitution or reparation but has not paid such fine, restitution or reparation, within one year, of the issuance of an order adjourning the action in contemplation of dismissal, the accusatory instrument shall be deemed to have been dismissed by the court in furtherance of justice at the expiration of such six month or one year period, as the case may be. Upon dismissal of an action, the arrest and prosecution shall be deemed a nullity, and defendant shall be restored to the status he or she occupied before his or her arrest and prosecution. All papers and records relating to an action that has been dismissed pursuant to this section shall be subject to the sealing provisions of section 160.50 of this chapter.
If the case is not restored to the calendar within 6 months after the adjournment order, it is automatically dismissed in furtherance of justice; when the defendant agreed but failed to pay a fine, restitution, or reparation, that period is 1 year. ★ Dismissal makes the arrest and prosecution a nullity, restores the defendant’s pre-arrest status, and subjects all related papers and records to sealing under § 160.50.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 1 — The Court Clerk in Plain English; Volume 3 — The Court Clerk: Criminal Procedure Law; Volume 1 — The Court Officer in Plain English; Volume 2 — The Court Officer: Criminal Procedure Law; Volume 2 — Your Career: Criminal Procedure in Plain English.