May 26, 2025 | Criminal Defense
Criminal court is full of Latin phrases and terms of art. These legal terms are challenging to understand if you aren’t a lawyer. The complicated legal language and nuances in the law can confuse a defendant about the status of their case.
Here, we will explain one term, nolle prosequi, and how it applies in Ohio criminal cases. Nolle prosequi is often confused because it relates to dismissal. However, there is an important distinction between dismissal and nolle prosequi.
What Is Nolle Prosequi?
Nolle Prosequi, sometimes abbreviated to nol pros or nolle prosse, is a Latin phrase. The exact definition of nolle prosequi is “not wish to prosecute.”
The prosecutor has a lot of power in every criminal case. Specifically, they have the power to choose whether to pursue the case or not. If they choose not to prosecute, they can dismiss the case with or without prejudice.
Dismissing a case with prejudice means that the case can never be reopened or prosecuted again. Doing so would be a double jeopardy issue. Dismissing a case without prejudice is like an order of nolle prosequi. It means that the prosecutor can reopen the case later if they choose.
Why Would a Prosecutor Enter a Nolle Prosequi in a Case?
A prosecutor may choose to nol pros a case for several reasons, but they must show good cause. A good cause means that there is a legally sufficient reason.
The most common reasons include:
- Insufficient evidence or an ongoing investigation
- Witness unavailability or difficulty in locating a witness
- Under a plea agreement or due to the defendant’s cooperation
- For political reasons, such as electing not to prosecute certain types of cases
- A desire to bring a new or more serious charge
In most cases, the judge will find that there is good cause to nolle prosse a case. While a nolle prosequi order can be an excellent indicator for the outcome of your case, it doesn’t necessarily mean you are in the clear. You could still end up with a conviction later down the road.
When Can a Nolle Prosequi Case Be Reopened?
A nolle prosequi case can be reopened as long as the statute of limitations hasn’t expired.
The statute of limitations is:
- 6 years for a felony
- 2 years for a misdemeanor
- 6 months for a minor misdemeanor
There are some exceptions to these rules. There is no statute of limitations for murder or aggravated murder, or conspiracy to commit it. Furthermore, there is a twenty-year statute of limitations for some serious charges like manslaughter, burglary, and aggravated assault.
A prosecutor simply refiles the charges to reopen a nolle prosequi case, which procedurally starts over from the beginning.
Does a Nolle Prosequi Stay on Your Criminal Record?
Unfortunately, a nolle prosequi order does stay on your criminal record.
While it doesn’t appear as a conviction, anyone conducting a background check can see that you were charged with a crime and the case was dismissed without prejudice. This can affect your chances of getting certain jobs, even though the case was dismissed.
Expungement of Nolle Prosequi Cases
Fortunately, you can usually request that the court remove the nolle prosequi from your record through a process called expungement.
Expungement means that the case is removed from your criminal record. The public can no longer access the record, nor can background check companies. You can only request expungement after the statute of limitations has expired, and there is no chance that the case will be brought back.
Expungement can be a complicated process. An attorney can help you pursue expungement in any case, including a nolle prosequi case.
Contact the Cincinnati Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (513) 333-0014 or visit us at our Cincinnati Law Office.
Suhre & Associates DUI and Criminal Defense Lawyers – Cincinnati
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Cincinnati, OH 45202
(513) 333-0014
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