Q: Can I change a dismissal without prejudice to a dismissal with prejudice?
I had a criminal case a few years ago that was dismissed without prejudice leaving it in the air if they will refile or not and it is making it very difficult to find a job in my field (law enforcement) due to the type of charge. Is it possible to have the dismissal type amended?
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A:
Changing a dismissal without prejudice to a dismissal with prejudice is challenging but not impossible. Since a dismissal without prejudice allows the case to be refiled, it remains open-ended, which can be frustrating when trying to move forward. To have it changed, you would likely need to file a motion with the court and provide strong reasons why the case should be permanently closed.
One possible argument is that enough time has passed without refiling, showing that the prosecution has no real intent to pursue the case. If the charge is affecting your career opportunities, you can also emphasize the hardship it is causing. Depending on the jurisdiction, a judge might have the authority to grant your request, especially if the prosecution agrees or does not oppose it.
It would be helpful to consult with an attorney who has experience handling post-dismissal motions. They can guide you on the best approach and whether your local laws allow for such a change. If modifying the dismissal is not an option, you might explore expungement or record sealing as alternative ways to clear your record.
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