difference between dismissal and acquittal

When criminal charges are dropped or a person is found not guilty, many people assume the result is the same. In reality, a dismissal and an acquittal are two very different legal outcomes, and the difference can have serious implications for your record, employment, and background checks. Understanding how these outcomes work can help you take the right steps to protect your future.

What Is a Dismissal

A dismissal occurs when the prosecution or the court decides to end a criminal case before it reaches a verdict. This can happen for several reasons, including insufficient evidence, procedural problems, or new information that weakens the case.

Dismissals fall into two categories:

  • A dismissal with prejudice means the case is permanently closed and cannot be refiled.
  • A dismissal without prejudice allows the prosecutor to refile the charges later if new evidence is discovered.

Although a dismissal is generally a positive outcome, it does not mean a formal finding of innocence. The charge may still appear in public records or on background checks until the record is sealed or vacated.

What Is an Acquittal

An acquittal occurs after a trial when a judge or jury finds the defendant not guilty. This means the prosecution did not meet its burden to prove guilt beyond a reasonable doubt. Once a person is acquitted, they cannot be retried for the same offense due to the constitutional protection against double jeopardy.

Unlike a dismissal, an acquittal is a final determination of legal innocence. However, the charge and case information may still remain visible in public records until the proper steps are taken to clear it.

Why the Difference Matters for Your Record

Both dismissals and acquittals are much better outcomes than convictions, but neither automatically removes the case from your record. A background check can still show that you were charged, even if the case did not result in a conviction.

For this reason, it is important to consider having your record sealed or vacated where eligible under Washington law. This process limits public access and helps prevent potential employers, landlords, and licensing boards from seeing charges that were dismissed or resulted in a not guilty verdict.

Clearing Your Record After a Dismissal or Acquittal

Washington law provides a process to remove or seal criminal records in certain circumstances. This process is not automatic and requires filing a formal motion with the court. An experienced defense attorney can help you determine if your case qualifies, prepare the necessary filings, and advocate for the court to remove the record from public view.

Talk to an Experienced Washington Criminal Defense Attorney

If your case was dismissed or you were found not guilty, you should not have to live with the stigma of a criminal charge on your record. At the Law Office of Erin Bradley McAleer, we help clients throughout Washington protect their rights and move forward with a clean slate. Our attorneys can guide you through the process of sealing or vacating your record and help restore your reputation. Call our office today to schedule a confidential consultation and learn more about how we can help protect your record and your future.