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 is generally not the end of the road for the record. The arrest and charge can still appear in background checks unless the case is properly sealed. 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 that means “we shall no longer prosecute.” It’s the prosecutor’s formal declaration that they are choosing to stop pursuing the case.
In plain English: the State is dropping the prosecution — at least for now.
Is a Nol Pros the Same as a “Not Guilty”?
No. A nol pros is different from an acquittal (not guilty after trial). A nol pros is a prosecutorial 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 statute of limitations.
Nol Pros vs. Dismissal vs. Acquittal
These outcomes can look similar from the outside, but they don’t always carry the same procedural consequences:
| Outcome | Who Decided | Can the State Refile? |
|---|---|---|
| Nol Pros | Prosecutor | Usually yes, within statute of limitations |
| Dismissal Without Prejudice | Court | Yes, within statute of limitations |
| Dismissal With Prejudice | Court | No — the case is final |
| Acquittal | Jury (or judge in bench trial) | No — double jeopardy bars it |
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 determines the case is not provable beyond a reasonable doubt
- New information changes the State’s evaluation 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 technically chargeable
- Diversion or alternative resolution has been completed
Can the State Refile After a Nol Pros?
This is one of the main distinctions between a dismissal with prejudice and a nolle prosequi. In many situations, a nol pros does not legally prevent refiling the charges later. The State’s ability to refile is generally limited only by:
- Statute of limitations — Arkansas sets time limits within which most charges must be filed (varies by offense — felonies are generally 3 to 6 years, with longer or no limits for the most serious offenses)
- Speedy trial considerations — significant delay between charges can raise constitutional concerns
- Double jeopardy — generally not triggered by a nol pros entered before jeopardy attaches (typically before the jury is sworn)
Practically speaking, if a case is nol-prossed because the State lacks proof, refiling usually requires something to change — new evidence, a witness returning, or a co-defendant cooperating.
What Should You Do If Your Case Is Nol-Prossed?
Steps to Take
1. Get documentation showing the case 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 this for employment, licensing, or housing applications.
2. Ask about sealing eligibility and timing.
Under Arkansas’s record sealing law, charges that did not result in conviction — including nol-prossed cases — are often eligible for sealing. The process isn’t automatic; you (or your attorney) must petition for it.
3. Understand that the arrest may still appear on background checks.
A nol pros disposes of the prosecution, but the underlying arrest record may still be 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 revisited, having a complete file matters.
The Bottom Line
A nolle prosequi generally means the prosecutor has chosen to stop pursuing the case at that time. It is not the same as a not-guilty verdict, and in some situations the case may be refiled later.
Even after a nol pros, it’s often important to address record-sealing eligibility so the case does not continue to appear in routine background checks. The result you got — having charges dropped — should also be reflected on your record.
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 issues that can persist for years.
This 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. Laws and procedures change; the information above reflects Arkansas law as of the date of publication. If you need legal advice about your specific situation, consult a qualified criminal defense attorney promptly.