If you are comparing charges dropped vs dismissed, the short answer is this: both end the charge without a conviction, but different people make the decision. A prosecutor drops a charge. A judge dismisses one, often because the prosecutor asked.
The difference between dropped and dismissed charges matters for two reasons. It affects whether the charge can come back, and it affects what happens to your record. Iowa and Nebraska handle both questions differently, and our criminal defense lawyers work in both states.
Charges dropped vs dismissed: who makes the call
Dropped usually means the prosecutor decided not to go forward. In Sioux City that is usually the Woodbury County Attorney's office. Across the river it is usually the Dakota County Attorney. The prosecutor may decline to file a charge after an arrest, or give up one already filed.
Dismissed means a court order ended the charge. The request can come from the prosecutor, from the defense, or from the judge.
People often use the two words for the same thing, and in court they overlap. Under Iowa Rule of Criminal Procedure 2.33(1), a pending criminal prosecution can be dismissed by the court on its own motion or on the prosecutor's application, "in the furtherance of justice," with the reasons written in the order. The rule says a prosecution cannot be discontinued or abandoned any other way. So once a charge is filed in Iowa, even a "dropped" charge ends with a judge's dismissal order.
Can charges be dropped by the victim?
No. This is the most common mix-up. A criminal case is brought by the state, not by the person who called the police. The victim is a witness. The victim can tell the prosecutor what they want, but the prosecutor decides whether the case goes on.
So can charges be dropped at all? Yes, by the prosecutor. Common reasons include:
- There is not enough evidence to prove the charge beyond a reasonable doubt.
- A key witness cannot be found or will not cooperate.
- A court ruled that important evidence cannot be used.
- A plea agreement drops one charge in return for a plea to another.
- The person finished a diversion program.
Why a judge may dismiss a charge
Common reasons include:
- The defense files a motion and the judge agrees there is a legal problem with the charge.
- Evidence was thrown out after an unlawful search, and the case cannot be proved without it.
- The state took too long and broke a speedy trial rule.
Speedy trial deadlines in Iowa
Iowa Rule of Criminal Procedure 2.33(2) sets three deadlines:
- If an adult is arrested and an indictment is not found within 45 days, the court must dismiss the prosecution unless good cause is shown. The 45 days start after the initial appearance before a magistrate, or after a waiver of that appearance is filed.
- The defendant must be brought to trial within 90 days after the indictment is found, or the court must dismiss it unless good cause is shown.
- All criminal cases must be brought to trial within one year after the initial arraignment, unless the court grants an extension for good cause.
A defendant can waive these deadlines.
Speedy trial deadline in Nebraska
Under Neb. Rev. Stat. § 29-1207, a person indicted or informed against must be brought to trial within six months. The clock usually starts when the indictment is returned or the information is filed. Some periods do not count, such as a continuance the defendant asked for. If the time runs out, Neb. Rev. Stat. § 29-1208 says the defendant is entitled to an absolute discharge from the offense.
Dismissed with prejudice vs without prejudice
These two phrases answer one question: can the charge be filed again?
- Dismissed with prejudice means the charge is over for good. The state cannot refile it.
- Dismissed without prejudice means the state may be able to file the charge again later.
In Iowa, Rule 2.33(1) ties the answer to the level of the offense, whether it is a drug charge, an OWI, or something else. A dismissal under that rule bars another prosecution for the same offense if it is a simple or serious misdemeanor. It does not bar a new prosecution if the charge is an aggravated misdemeanor or a felony.
In either state, the dismissal order is the place to look.
Does a dropped or dismissed charge show on your record?
It can. A dismissal is not a conviction, but the arrest and the court case may still exist as records. The two states take different paths.
Iowa: you usually have to wait, then ask
Iowa Code section 901C.2 lets a court expunge the record of a criminal case when every charge in the case ended in acquittal or dismissal. The defendant, the prosecutor, or the court can start the process. The court must find that:
- All charges in the case were dismissed or ended in acquittal.
- All court costs, fees, and other financial obligations have been paid.
- At least 180 days have passed since the acquittal or dismissal, unless the court finds good cause to waive the wait, such as identity theft or mistaken identity.
- The case was not dismissed because of a finding of not guilty by reason of insanity.
- The defendant was not found incompetent to stand trial in the case.
The other side gets time to object. Once expunged, the court record is confidential and closed to the public. This section does not cover a dismissal that follows a deferred judgment. It also requires that all charges in the case ended in dismissal or acquittal.
Nebraska: much of it happens automatically
Neb. Rev. Stat. § 29-3523 removes many of these records from public view without a request:
- If the prosecutor decides not to file charges, the record is not part of the public record after one year from the arrest or citation.
- If charges are not filed because of a completed diversion, the period is two years.
- If charges are filed and the court then dismisses the case, including on the prosecutor's motion, or the person is acquitted, the record is not part of the public record right away once the order is entered. The court orders the records sealed.
When a record is sealed under this law, a person cannot be questioned about that offense on a job, license, or school application, and may answer as if it never occurred. Police and prosecutors can still see the record. For a case dismissed before January 1, 2017, the person may need to file a motion asking the court to seal it.
Frequently asked questions
Is a dismissed charge the same as being found not guilty?
No. An acquittal comes after a trial. A dismissal ends the charge without a verdict. Neither one is a conviction.
Can dropped charges be filed again?
Sometimes. It depends on whether the dismissal was with or without prejudice. In Iowa, Rule 2.33(1) bars refiling after a dismissal of a simple or serious misdemeanor, but not an aggravated misdemeanor or felony.
How long does a dismissed charge stay on my record in Iowa?
Under Iowa Code section 901C.2, a court can expunge the case once the conditions are met, including a wait of at least 180 days in most cases.
Do I have to list a dismissed Nebraska charge on a job application?
If the record is sealed under Neb. Rev. Stat. § 29-3523, the law says you cannot be questioned about that offense and may respond as if it never occurred.
Talk with a lawyer
Fitch & Stahle Law Office is in South Sioux City, Nebraska, and serves Sioux City and the rest of Siouxland. Thomas A. Fitch and Robert J. Stahle are licensed in both Iowa and Nebraska. Se habla español. Call (402) 494-3012 or contact us to talk with a lawyer about your situation.
This article is general information, not legal advice. Laws change, and every case is different. Talk with a lawyer about your own situation.