Case Dismissed: With Prejudice vs Without Prejudice, and No Contest Pleas

When a case is dismissed, it ends without a trial verdict. The key words are "with prejudice" or "without prejudice." Dismissed with prejudice means the case is over for good and the same claim or charge can't be brought again. Dismissed without prejudice means it ended for now, and the plaintiff or prosecutor can refile, as long as the deadline to do so hasn't passed.

Type of dismissal	Can it be refiled?	Common reasons
Civil, without prejudice	Yes, usually	The plaintiff withdrew early, a procedural defect, wrong court
Civil, with prejudice	No	A settlement, a ruling on the merits, repeated failures to follow court orders
Criminal, without prejudice	Yes, until the time limit for charging runs out	Missing witness, evidence not ready, a defect in the charging paper
Criminal, with prejudice	No	Speedy trial violations, misconduct, a deal that requires it

The dismissal order or the court docket says which kind it is. If it says neither, the default rule in that court decides.

The default rules in federal civil cases

Under Federal Rule of Civil Procedure 41(a)(1)(B), a plaintiff's voluntary dismissal is without prejudice unless the notice or stipulation says otherwise. But if the plaintiff already dismissed a case based on the same claim, a second notice of dismissal counts as a decision on the merits, so it's final. A dismissal ordered by the court under Rule 41(b) is generally with prejudice, unless the order says otherwise or the dismissal is for lack of jurisdiction, improper venue or failure to join a required party. We checked Rule 41 on November 7, 2026. State courts have their own versions.

Criminal dismissals

In federal court, a prosecutor needs the court's permission to dismiss an indictment or complaint (Federal Rule of Criminal Procedure 48(a)). States have similar rules. A dismissal without prejudice lets the prosecutor recharge later. Once a jury is sworn or the first witness testifies in a bench trial, double jeopardy rules limit a retrial, which is one reason dismissals before trial are usually without prejudice.

A dismissal isn't a finding of innocence, and the arrest and charge can stay on your record. Many states let you ask to seal or expunge a dismissed case. Ask the court clerk or a lawyer.

What pleading no contest means

A no contest plea, nolo contendere, means you don't admit guilt but don't fight the charge. The court then treats you as guilty for sentencing. In federal court you need the court's consent, and before accepting the plea the judge must consider both sides' views and the public interest (Federal Rule of Criminal Procedure 11(a)(1) and (a)(3)).

Its main advantage: in federal court, a no contest plea generally can't be used against you as evidence in a later civil or criminal case (Federal Rule of Evidence 410(a)(2)). So someone suing over the same incident can't simply point to the plea as an admission. It still results in a conviction for most other purposes.

Questions to ask about your dismissal

1. Was it with or without prejudice, and where does the order say so?
2. If without prejudice, how long does the other side have to refile?
3. Will the arrest or filing still show on background checks?
4. Can I seal or expunge it, and when?
5. If I'm considering a plea instead, how does it compare with adjudication withheld?