If your criminal case in Maryland ends with a nolle prosequi, you may feel relieved but also confused about what it actually means for your record and your future. Nolle prosequi — Latin for “we shall no longer prosecute” — is a decision by the State’s Attorney to decline to further pursue the charges against you. While it is a favorable outcome, it is not the same as an acquittal or a dismissal, and understanding the distinctions matters. At SoMD Criminal Defense, we help clients throughout Charles County, Calvert County, St. Mary’s County, and Prince George’s County understand their case outcomes and take steps to protect their records.
What Does Nolle Prosequi Mean?
A nolle prosequi, commonly referred to as a “nol pros,” is an official entry by the prosecutor indicating that they will no longer pursue the charges in a case. When a prosecutor enters a nolle prosequi, the case is effectively ended — you are not required to return to court on those charges, you are no longer subject to any bail or pretrial conditions, and the charges are no longer pending against you. However, a nolle prosequi is not a finding of innocence or a verdict in your favor. It is a prosecutorial decision, not a judicial determination.
The decision to enter a nolle prosequi lies entirely within the discretion of the State’s Attorney’s Office. The court does not have to approve it, and the defendant’s consent is not required. Prosecutors may enter a nol pros for a variety of reasons, and they are not required to explain their reasoning to the defendant or the court.
Why Prosecutors Enter a Nolle Prosequi
In our experience handling cases in the courtrooms of La Plata, Prince Frederick, Leonardtown, and Upper Marlboro, prosecutors enter nolle prosequis for a range of reasons. Insufficient evidence is one of the most common — if the prosecution’s case weakens after charges are filed, due to witness unavailability, recanting testimony, or evidence problems, the prosecutor may determine that proceeding to trial is not viable. Witness issues are particularly common in domestic violence cases, where the alleged victim may become uncooperative or refuse to testify.
Case priorities and resource allocation also play a role. If a defendant is facing multiple charges and the prosecutor reaches a plea agreement on the more serious charges, they may nol pros the less serious ones. Similarly, if new and more serious charges are filed (for example, if a case is indicted by a grand jury), the original charges may be nol prossed in favor of the new charging document.
Prosecutorial review may also lead to a nolle prosequi when a new prosecutor reviews the case and determines that the charges were overcharged, that the evidence does not support the charges as filed, or that the interests of justice would not be served by continuing the prosecution. In some cases, effective advocacy by a defense attorney — presenting mitigating information, pointing out evidence weaknesses, or negotiating an alternative resolution — convinces the prosecution to enter a nol pros.
Can Charges Be Refiled After a Nolle Prosequi?
This is one of the most important aspects of a nolle prosequi that defendants need to understand: a nol pros does not permanently bar the prosecution from refiling charges. Unlike a verdict of not guilty, which triggers double jeopardy protections and permanently prevents retrial on the same charges, a nolle prosequi simply means the prosecution has chosen not to pursue the charges at this time. The prosecutor can refile the same charges later, subject to the applicable statute of limitations.
For felonies in Maryland, there is no statute of limitations, which means felony charges can theoretically be refiled at any time after a nolle prosequi. For misdemeanors, the one-year statute of limitations applies, meaning the prosecution must refile within one year of the original offense date. In practice, most nol prossed cases are not refiled, particularly when the reason for the nol pros was evidentiary weakness. However, the possibility of refiling exists and should be considered when evaluating your options.
How a Nolle Prosequi Affects Your Criminal Record
A nolle prosequi does not result in a conviction, which is the most important point. You do not have a guilty finding on your record, and you were not found guilty of any offense. However, the arrest and the charges may still appear on your criminal record unless you take affirmative steps to have them removed through expungement.
In Maryland, cases that result in a nolle prosequi are eligible for expungement under Criminal Procedure § 10-105. You may file a petition for expungement three years after the disposition, or earlier if the State’s Attorney consents. Once the case is expunged, the arrest and charges are removed from your publicly accessible criminal record, which can be important for employment background checks, housing applications, and professional licensing.
We strongly recommend that clients pursue expungement after receiving a nolle prosequi. Even though a nol pros is not a conviction, the mere existence of an arrest record can create problems. Many employers and landlords conduct background checks and may draw negative conclusions from seeing criminal charges on your record, even if those charges were not prosecuted.
Nolle Prosequi vs. Stet vs. Dismissal
Understanding how a nolle prosequi compares to other favorable case outcomes helps put it in context. A stet is an inactive status in which the case is placed on the stet docket for one year (or three years in some cases). During this period, the prosecution can reactivate the charges. After the stet period expires without reactivation, the case is effectively over. A dismissal is a court action that terminates the charges, which can occur for various reasons including a defense motion, prosecutorial request, or the court’s own determination. A nolle prosequi is a prosecutorial action that ends the current prosecution but preserves the ability to refile. An acquittal (not guilty verdict) is the only outcome that permanently bars the prosecution from pursuing the same charges, because double jeopardy protections attach once a verdict is reached.
Contact a Southern Maryland Criminal Defense Attorney
Whether you are hoping to achieve a nolle prosequi in a pending case or you need to understand the implications of a nol pros that has already been entered, our attorneys can help. At SoMD Criminal Defense, Jeremy Widder and Kathryn Batey have extensive experience negotiating favorable outcomes and guiding clients through the post-case process, including expungement.
Call (301) 818-0389 or contact us online for a free consultation. We serve clients in Waldorf, La Plata, Prince Frederick, Leonardtown, Upper Marlboro, and throughout Southern Maryland. This article provides general information about nolle prosequi in Maryland and is not intended as legal advice for your specific case.
Frequently Asked Questions
Is a nolle prosequi the same as having charges dropped?
A nolle prosequi is similar to having charges dropped in that the prosecution is no longer pursuing the case against you. However, unlike a formal dismissal by the court, a nol pros preserves the prosecution’s ability to refile the charges at a later date, subject to the statute of limitations. For practical purposes, most people think of a nol pros as having their charges dropped.
Will a nolle prosequi show up on a background check?
The arrest and charges may still appear on your criminal record even after a nolle prosequi, which means they could show up on a background check. However, you are eligible for expungement, and once the case is expunged, it should not appear on standard background checks. Pursuing expungement is highly recommended to clean up your record.
Can I sue if my case ends in a nolle prosequi?
A nolle prosequi does not automatically give you grounds for a lawsuit. To pursue a civil claim such as malicious prosecution, you would generally need to show that the prosecution was initiated without probable cause, with malice, and that it resulted in damage to you. These are difficult claims to prove, but if you believe your prosecution was wrongful, consult with a civil attorney who handles these types of cases.
How long does a nolle prosequi take to get expunged?
Under Maryland law, you may petition for expungement three years after a nolle prosequi, or earlier with the consent of the State’s Attorney. The expungement process itself typically takes several months after the petition is filed. Once granted, the records should be removed from public databases within 60 days, although some private background check companies may take longer to update their records.
