A Nolle and Dismissal of Your Arrest: What’s the Difference in Connecticut

If you are arrested in Connecticut, your case may end in several ways, including a nolle prosequi or dismissal. Although these outcomes might appear similar, they have distinct legal meanings and separate consequences. Understanding the difference between a nolle and dismissal in Connecticut, and speaking with a Connecticut criminal defense lawyer, can help you protect your rights after an arrest.

What is a nolle and how does it work?

The term “nolle” is Latin and is short for “nolle prosequi,” which means “unwilling to prosecute.”

Every criminal case is different, but in most cases, a nolle prosequi occurs when the prosecutor chooses not to proceed with prosecution at that time, ending the case unless it is reopened within the statutory period. For example, if your case was nolled nine months ago, the prosecution could still revive it and proceed with charges before the statutory erasure period expires. In this example, the prosecution may choose not to proceed based on the specific facts of the case and the exercise of prosecutorial discretion.

In Connecticut, if a case is nolled and not reopened, it is erased by operation of law after 13 months, subject to statutory exceptions. Although a case being revived after a nolle is unlikely, it can happen. To protect yourself in the event that your case is revived, and to pursue the best possible legal outcome, you should work with a criminal defense lawyer.

What is a dismissal, and how does it work?

Out of all the outcomes to your criminal case, a dismissal is easily one of the best. A dismissal is a formal termination of a criminal charge without a conviction. Under Connecticut law, records of a dismissed charge are generally erased immediately by operation of law, subject to statutory exceptions.

The benefits that come from a dismissal include:

• After erasure, court and police records are generally removed from public access and not disclosed, although Connecticut law does provide limited exceptions, and physical records are not necessarily destroyed immediately.
• You may legally state that you have not been arrested for the erased charge, subject to limited statutory exceptions.
• If you are charged with a crime, these charges cannot proceed after a dismissal (though in limited circumstances a new charge may be filed if legally permitted).

A dismissal can make moving forward after a criminal charge significantly easier. For example, it may reduce barriers to employment, housing, and other opportunities.

A criminal defense lawyer may work to help you obtain a dismissal. Alternatively, depending on the facts of your case, they may work to get you on a Connecticut pretrial diversion program, which can also lead to your charges being dismissed.

What is the difference between a nolle and dismissal in the state of Connecticut?

The main difference between a nolle and a dismissal, in the state of Connecticut, can be summed up in the following points:

• A nolle ends the case at that time. If the case isn’t reopened, the record is erased by statute after 13 months. For example, if a prosecutor exercises discretion and chooses not to pursue a marijuana possession charge, the case may be resolved by a nolle prosequi.
• A dismissal ends the charge before the verdict. If you are charged with driving while under the influence, and you complete a pretrial diversion program that is meant to address the conditions that led to your DUI, this can lead to your case being dismissed.

In addition, please note that after erasure, a dismissal generally will not appear on your record, though information about an arrest may still exist online. You may be able to have this removed by working with a criminal defense lawyer.

How can you get your nolled/dismissed charges completely erased?

To have your nolled or dismissed charges erased in Connecticut, you may work with a criminal defense lawyer. An attorney can help you work through the erasure process in accordance with Connecticut law. Where appropriate, an attorney can seek the removal of records from public access. This may include submitting court orders or documentation to relevant courts and law enforcement agencies, requesting compliance with statutory erasure requirements.

Additionally, your lawyer may be able to contact third-party websites or media companies that published details about your arrest, as well as any photos or videos related to this arrest. Removal is not guaranteed, but contacting these companies may allow you to have the information removed.

Speak with a Connecticut criminal defense lawyer today

If you have been charged with a crime in Connecticut, you may want to work with an experienced attorney. Barry, Taylor & Levesque, LLC can help. Contact us today to speak with a Connecticut criminal defense lawyer.