What Does “Dismissed With Prejudice” Mean?
When a case is dismissed with prejudice, it’s closed for good. The prosecution cannot refile the same charges later. This usually happens when:
- The court rules there isn’t enough evidence.
- Prosecutors violate your rights (like withholding evidence).
- You successfully complete a plea in abeyance agreement.
- The statute of limitations runs out.
Common Situations for Dismissal With Prejudice
- Plea in Abeyance: You agree to certain conditions—like probation or community service—in exchange for a dismissal. Once you complete them, the case is dismissed with prejudice, so it can’t be reopened.
- Plea Deals: Prosecutors might drop some charges if you plead guilty to others. If a charge is dismissed as part of the deal, it’s usually dismissed with prejudice, meaning it’s gone for good.
How It Affects Expungement
If your criminal case was dismissed with prejudice, you can typically apply for expungement immediately, as long as there are no pending charges against you. If your case involved a plea in abeyance, you must wait at least 30 days after the dismissal before applying.
What Does “Dismissed Without Prejudice” Mean?
A dismissal without prejudice means the charges can be refiled later. This happens when:
- Lack of Evidence (For Now): Prosecutors might drop the case if they don’t have enough proof, but if new evidence comes up, they can refile.
- Clerical or Procedural Mistakes: If there’s a legal error—like filing the case in the wrong court—the judge might dismiss it without prejudice so it can be fixed and refiled.
How It Affects Expungement
A case dismissed without prejudice is not automatically eligible for expungement because prosecutors can still refile it. YIf your case was dismissed without prejudice, you must wait until the statute of limitations has expired or get the prosecutor to agree/stipulate to expunging the record before you can seek expungement.
What Happens Next?
Need help figuring out what your dismissal means? An experienced and skilled criminal defense attorney can guide you on next steps, including whether you qualify for expungement.