What's the Difference Between a Nolle and a Dismissal in Connecticut?

Getting arrested in Connecticut can feel like your whole life has been turned upside down. Even if the case never goes to trial, how the charges are resolved makes a huge difference for your future. Two of the most common outcomes are a nolle prosequi (often shortened to “nolle”) and a dismissal. At first glance, they may sound similar — both mean you’re not being prosecuted anymore. But the truth is, the difference between the two can have serious consequences for your record, your job, your reputation, and your peace of mind. Although all kinds of criminal cases can be nolled by the State’s Attorney – the most frequent type of case is a domestic violence case where after intervention the family relations officer recommends a “favorable resolution” and then the prosecutor enters a nolle.

A nolle prosequi is a Latin term that literally means “to be unwilling to pursue.” In practical terms, it’s when the prosecutor decides not to continue with your case.

The key point: a nolle is not final. It doesn’t mean you’re found not guilty, and it doesn’t mean the case is wiped away immediately. Instead, the prosecutor is saying, “We’re dropping this for now.”

In Connecticut, once a case is nolled, it sits in a kind of limbo for 13 months. During that waiting period:

• The case is technically inactive, but it still shows up on your record.
• Employers, landlords, and licensing boards can still see it.
• Media coverage of your arrest remains tied to your name.

After 13 months, if the state hasn’t refiled, the case is automatically dismissed and erased. But until then, it’s like carrying baggage you can’t put down. In reality it is highly unusual for a States’ Attorney to reopen a nolled case in Connecticut – although they can if they want to.

A dismissal, by contrast, is a clean break. When a judge dismisses your case, it’s over — immediately. The court is declaring that the charges will not proceed any further.

The best part about a dismissal is that under Connecticut’s erasure laws, once your case is dismissed:

• Your arrest records, mugshot, and fingerprints are erased right away.
• You can truthfully say you have never been arrested for that charge.
• The case disappears from public view, including background checks.

That finality is something a nolle just doesn’t give you.

Here’s why this distinction is so important.

Imagine two people arrested for the same misdemeanor. One gets a nolle, the other gets a dismissal:

• The person with the nolle has to live for more than a year with the arrest showing up on background checks, potentially costing them job offers or even housing.
• The person with the dismissal can immediately move on with their life, their record cleared, with no lingering uncertainty.

That year-long gap is the difference between living in limbo and getting your life back.

Yes. Connecticut law gives defendants the right to object to a nolle and request that the case either go forward to trial or be dismissed outright. It’s a strategic move, but it has to be handled carefully. In some situations, accepting a nolle may make sense. In others, pushing for a dismissal is absolutely worth it — especially if protecting your record is a top priority.

A skilled defense attorney can evaluate the facts of your case and make the strongest possible argument for why a dismissal, not a nolle, is the proper outcome.

Think of it this way:

• A nolle is controlled by the prosecutor, lingers for 13 months before it turns into a dismissal, and can technically be reopened during that waiting period. During those 13 months, the case still shows up on background checks and can create problems with employment, housing, or licensing.
• A dismissal, on the other hand, can be entered immediately by the judge or prosecutor, permanently closes the case, and erases the record right away. That means your mugshot, fingerprints, and arrest report are all wiped clean without delay, giving you immediate relief and peace of mind.

I tell clients this all the time: if you can get a dismissal, it’s almost always better. The peace of mind, the immediate record erasure, and the ability to move forward with your life are priceless. A nolle can still work out fine after 13 months, but that’s 13 months of waiting, worrying, and explaining an arrest that should be behind you.

While a dismissal is the obvious best outcome in every case, there are situations where a nolle is still the smarter strategy. If the prosecutor is only offering you a nolle and will not agree to a dismissal, it is usually better to accept the nolle rather than insist on putting your case on the trial list.

Here’s why:

• Trial delays – In Connecticut, it can take two to three years for a case to actually go to trial. During that entire time, your case remains active on your record.
• Lingering consequences – While you’re waiting for trial, that open case can continue to affect your employment, housing, licensing, and reputation.
• Risk of conviction – Even if you believe you’re innocent, taking a case to trial always carries some risk. A conviction would be far worse than waiting out the 13-month nolle period.

So, if you can’t get a dismissal, my advice is simple: take the nolle. It’s not perfect, but it’s usually a safer, faster, and smarter path than dragging a case out for years with all the stress and uncertainty that comes with it.

Here’s a scenario I see often.

“John” was arrested for the domestic violence crime of disorderly conduct the after a heated argument at home. He had no prior record and worked in finance. The prosecutor offered a nolle. John wanted a dismissal because he worried about his reputation, but the state refused. We had a choice: accept the nolle or fight for trial.

I explained to John that if we put the case on the trial list, it could sit there for years. During that time, every background check would show he had an open case. Worse, if the case ever went to trial, there was always the chance of a conviction. Instead, we took the nolle. Thirteen months later, the case was dismissed automatically, and John’s record was erased. He kept his job and avoided years of uncertainty.

This is why I often tell clients: while dismissals are the gold standard, a nolle is sometimes the smarter, safer move.

Yes. Until the 13-month waiting period passes and the case is automatically dismissed, the arrest will still appear in background searches.

No. Connecticut law sets a 13-month waiting period before a nolle becomes a dismissal. However, you can sometimes push for an immediate dismissal instead of accepting the nolle.

Yes. Once your case is dismissed in Connecticut, all police and court records are erased by law, including your mugshot and fingerprints.

Yes, but only within that 13-month period. After that, the case becomes a dismissal and cannot be reopened.

Yes. Under Connecticut’s erasure statute, once your case is dismissed, you are legally allowed to deny the arrest ever occurred.

Your attorney can object to the nolle and request the case be either tried or dismissed. But if the prosecutor refuses to agree to dismissal, you need to weigh the risks of holding out for trial. In many cases, taking the nolle is the better option to avoid years of uncertainty and the risk of conviction.

A dismissal. Employers running background checks will still see a pending case during the nolle period, which can create major problems for job seekers.

Yes. Immigration officials may view a pending nolle as an unresolved arrest, which could delay applications for visas or green cards.

Not automatically. A dismissal makes it easier to request removal of online articles, but even then you may need a lawyer’s help with reputation management.

Yes. While dismissals are the gold standard, sometimes a nolle is the better strategy. If the only options are to accept a nolle or wait years for trial, with the risk of conviction hanging over you, accepting the nolle is usually the smarter and safer decision.

If you or a loved one is facing criminal charges in Connecticut, don’t settle for uncertainty. Understanding the difference between a nolle and a dismissal could change the course of your case — and your future.

Call (203) 357-5555 to discuss your options. I’ll fight to protect your record, push for the best possible resolution, and help you move on with your life.