.Have you ever been adjudicated guilty or convicted of a misdemeanor, felony, or other crime?
He can honestly answer no to this because he has not been adjudicated guilty or convicted. When someone gets an adjournment in contemplation of dimissal, this is a process that is put in place prior to any entry of a plea of guilty or a trial
. This is under NY Penal Code 170.55 which states:
Adjournment in contemplation of dismissal. 1. Upon or after arraignment in a local criminal court upon an information, a simplified information, a prosecutor's information or a misdemeanor complaint
, and before entry of a plea of guilty thereto or commencement of a trial thereof
, the court may, upon motion of the people or the defendant and with the consent of the other party, or upon the court's own motion with the consent of both the people and the defendant, order that the action be "adjourned in contemplation of dismissal," as prescribed in subdivision two. 2. An adjournment in contemplation of dismissal is an adjournment of the action without date ordered with a view to ultimate dismissal of the accusatory instrument in furtherance of justice
. Upon issuing such an order, the court must release the defendant on his own recognizance.
Basically the court is just putting the matter aside with the intent of dismissing it if he successfully completes the ACD program.
So while he may have been charged
, he hasn't pled guilty
or been convicted
. So he can honestly answer "no" to the question on any application.
But to answer your question directly, no there is not a procedure in place where he could prematurely accelerate the dismissal or sealing of the case..