If you’ve been told the prosecutor “nol-prossed” your case — or you’ve seen the phrase “nolle prosequi” on a court document — you may be wondering what that actually means for you. Is the case over? Can it come back? Will it show up on a background check?
Here’s what this term means in Arkansas criminal cases and what to do next.
Important
A nol pros doesn’t clear your record by itself. The arrest and charge can still appear on background checks until the case is sealed — and you can’t petition to seal a nol-prossed case until one year after the order is entered (Ark. Code § 16-90-1410). Don’t assume “the State dropped it” means “it’s gone.”
What Does Nolle Prosequi Mean?
“Nolle prosequi” (often shortened to “nol pros”) is a Latin legal term meaning “we shall no longer prosecute.” It’s the prosecutor’s formal request to stop pursuing the case.
In Arkansas, the prosecutor can’t do it alone. A nolle prosequi requires the court’s permission and has to be entered on the docket (Ark. Code § 16-85-713). In plain English: the State is dropping the prosecution, with the court’s approval — at least for now.
Is a Nol Pros the Same as a “Not Guilty”?
No. A nol pros is different from an acquittal (a not-guilty verdict after trial). It’s a decision to discontinue the case, not a verdict on the merits. It’s also typically entered without prejudice — meaning the State can potentially refile the charges later, subject to the limits below.
Nol Pros vs. Dismissal vs. Acquittal
These outcomes can look similar from the outside, but they don’t carry the same consequences — including when you can seal the record:
| Outcome | Who Decides | Can the State Refile? | When You Can Petition to Seal |
|---|---|---|---|
| Nol pros | The prosecutor asks; the court must give leave | Usually yes, within the statute of limitations | One year after the order is entered |
| Dismissal without prejudice | Court | Yes, within the statute of limitations | No waiting period |
| Dismissal with prejudice | Court | No — the case is over | No waiting period |
| Acquittal | Jury, or the judge in a bench trial | No — double jeopardy bars it | No waiting period, unless the acquittal was by reason of mental disease or defect |
| Charges never filed | Prosecutor | Charges can still be filed within the statute of limitations | Right away if the prosecutor decides not to file; otherwise one year after the arrest |
Ark. Code §§ 16-85-713, 16-90-1409, 16-90-1410.
Why Would a Prosecutor Nol Pros a Case?
Common reasons include:
- a key witness is unavailable, has moved, or is no longer credible;
- evidence problems — including suppression issues that threaten admissibility;
- the prosecutor decides the case can’t be proven beyond a reasonable doubt;
- new information changes the State’s view of the case;
- the alleged victim no longer wishes to cooperate, and the State lacks independent evidence;
- priorities and resources — some cases aren’t pursued even when they could be; or
- completion of diversion or another agreed resolution.
Can the State Refile After a Nol Pros?
Often, yes. A nol pros usually doesn’t prevent refiling. What limits the State:
- The statute of limitations. Generally six years for Class Y and Class A felonies, three years for other felonies, and one year for misdemeanors, with no limit for murder and certain sex offenses against minors. And the clock doesn’t run while a prosecution for the same conduct is pending (Ark. Code § 5-1-109(g)(2)) — so the time the first case was open usually doesn’t count against the State.
- Speedy trial. If you’re out on bail, Arkansas generally requires trial within 12 months (Ark. R. Crim. P. 28.1(c)). The gap between a nol pros “for good cause shown” and the refiling is excluded from that clock (Rule 28.3(f)).
- Double jeopardy. Generally not triggered by a nol pros entered before jeopardy attaches — when the jury is sworn, or when the first witness is sworn in a bench trial.
Practically speaking, if a case was nol-prossed because the State lacked proof, refiling usually takes a change — new evidence, a witness returning, or a co-defendant cooperating. See how long a criminal case takes.
When Can I Seal a Nol-Prossed Case?
One year after the order nolle prosequi is entered, you can petition to seal the record in the court that entered the order (Ark. Code § 16-90-1410). Sealing isn’t automatic: you or your attorney have to file. By comparison, a dismissal, an acquittal, or a prosecutor’s decision not to file charges has no waiting period, and an arrest that never led to charges can be sealed one year after the arrest (§ 16-90-1409).
See sealing a criminal record in Arkansas for the full process.
What Should You Do If Your Case Is Nol-Prossed?
Steps to Take
1. Get documentation of the disposition.
Ask the court clerk or your attorney for a certified copy of the order or docket entry showing the nol pros. You may need it for employment, licensing, or housing applications.
2. Mark the one-year date.
You can petition to seal one year after the order is entered. The process isn’t automatic — you or your attorney must file it.
3. Expect the arrest to show up until then.
A nol pros ends the prosecution, but the arrest record may stay visible until the case is sealed. Many employers and licensing boards see the arrest before they see the disposition.
4. Keep your own records.
Save the disposition paperwork, your attorney’s correspondence, and any communication with the prosecutor’s office. If the case is ever refiled, a complete file matters.
The Bottom Line
A nolle prosequi means the prosecutor, with the court’s permission, has stopped pursuing the case for now. It isn’t a not-guilty verdict, and the case may be refiled within the limitations period.
The record doesn’t clear itself. One year after the order, petition to seal it, so the result you got — charges dropped — is the result background checks show.
Related Reading
Was Your Case Nol-Prossed?
Having charges dropped is a good outcome, but the work isn’t always over. Sealing the record protects you from background-check problems that can follow you for years.
This blog post is provided for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Wesley Rhodes, Attorney at Law. If you need legal advice about your specific situation, you should consult with a qualified criminal defense attorney.
Updated October 20, 2026