What Does It Mean When a Case Is ‘Dismissed Without Prejudice’?
If you’ve recently seen that your criminal or civil case was “dismissed without prejudice,” you might assume the ordeal is over. But that legal phrase doesn’t always mean the case is gone for good.
Understanding the difference between a dismissal with prejudice and one without prejudice is essential — especially if you want to know whether your legal issue could come back.
What Is a “Dismissal Without Prejudice”?
A dismissal “without prejudice” means that the case has been temporarily closed, but the plaintiff or prosecutor is allowed to refile it. In criminal cases, it means the government has dropped the charges for now — but can bring them again in the future if certain conditions are met. In civil cases, it means the lawsuit has been dismissed but can be refiled, often due to a procedural issue or a need for more information.
This kind of dismissal does not mean the court has ruled in your favor on the merits of the case. It simply means that the case is not yet permanently resolved.
Why Would a Case Be Dismissed Without Prejudice?
There are several reasons why a case might be dismissed this way. In criminal matters, prosecutors may request a dismissal without prejudice if they need more time to investigate, if a witness is unavailable, or if new evidence surfaces that could change how they proceed.
For example, a DUI case might be dismissed without prejudice if a blood test result hasn’t come back from the lab in time. Rather than push forward without evidence, the prosecutor may drop the charge temporarily, then refile when the results are ready.
In civil cases, dismissals without prejudice often happen when the original complaint was missing key information, filed in the wrong jurisdiction, or failed to follow procedural rules. The plaintiff can fix the issue and try again — as long as they’re still within the statute of limitations.
What’s the Risk If You’re the Defendant?
If your case is dismissed without prejudice, it’s not over. The opposing party — whether it’s the State or a private individual — can come back and refile the charges or lawsuit. That means you’re still at risk of future legal action, and you should treat the situation seriously.
It’s important to speak with an attorney to understand whether the dismissal affects your record, whether you can have it sealed or expunged, and what to expect going forward.
Dismissed With Prejudice vs Without Prejudice
To clarify the difference:
- A case dismissed with prejudice means it is permanently closed and cannot be refiled. This usually happens when the court decides the case lacks legal merit or there was some kind of abuse of process.
- A case dismissed without prejudice is not final and may return under certain circumstances.
Knowing which one applies to your situation can help you avoid false confidence — or unnecessary panic.
Still Have Questions? We Can Help.
At the Law Office of Erin Bradley McAleer, we regularly help clients understand the status of their criminal and civil cases — and what it really means. If your case was dismissed without prejudice and you’re unsure what comes next, let’s talk. We’ll help you review your options, protect your rights, and prepare for whatever might follow.