A Defendant DL-38 cancellation means a court has ended the case against you without a conviction
A Defendant DL-38 is a court document that formally dismisses criminal charges. When it is cancelled or marked as dismissed, the case is over — the prosecution is not moving forward, and you will not face trial on those charges. This can happen for several reasons: the prosecutor decided not to proceed, the evidence was insufficient, charges were dropped as part of a plea deal, or the court found other grounds to end the case.
The key difference between a dismissal and other case outcomes is that a dismissal means no conviction was entered. That distinction matters for your record, your employment prospects, and your ability to move forward without a criminal conviction on your history.
Key Takeaways
- A Defendant DL-38 cancellation ends the criminal case against you without a conviction being recorded.
- Dismissals can happen at any stage — before trial, during trial, or as part of a negotiated agreement — and the reason depends on your specific case.
- Once dismissed, you may be able to have the arrest record sealed or expunged, which removes it from public view in most situations.
- You should request a certified copy of the dismissal order for your records, as employers and housing providers may ask for proof that charges were dropped.
Why a case might be dismissed
Dismissals happen for different reasons depending on the stage of the case. Early in the process, a prosecutor might decline to move forward if they believe the evidence is weak or if new information comes to light. During investigation or discovery — the phase where both sides exchange evidence — the defense might uncover problems with how evidence was collected or handled, which can lead to a motion to dismiss that the judge grants.
Sometimes dismissal is part of a negotiated resolution. You might agree to plead guilty to a lesser charge, and the original charges are dismissed as part of that deal. In other cases, the judge might find that the prosecution has not met its burden of proof or that the defendant's rights were violated in a way that requires dismissal.
A few dismissals are "without prejudice," meaning the prosecutor can refile charges later. Most are "with prejudice," which means the case is permanently closed and charges cannot be brought again on the same facts.
What a dismissal means for your record
A dismissal is not a conviction, and that is the most important distinction for your future. You were not found guilty, and no criminal conviction appears on your record as a result of this case. However, the arrest itself may still show up on background checks unless you take steps to have the record sealed or expunged.
The difference between sealing and expunging varies by state. A sealed record is still in the court system but hidden from public view — employers, landlords, and most background check companies cannot see it. An expunged record is destroyed or returned to you, as if the arrest never happened. Some states use one term, some use both, and the process and timing differ depending on where you were arrested and what type of case it was.
Steps to take after a dismissal
First, request a certified copy of the Defendant DL-38 or the dismissal order from the court that handled your case. This is an official document you can show to employers, housing providers, or anyone else who asks about the case. The court clerk can provide this — you may need to visit in person, call, or submit a written request, depending on the court's procedures.
Second, find out whether you can have the arrest record sealed or expunged. The rules and timing depend on your state and the type of charge. In some places, records are automatically sealed after a certain period. In others, you must file a petition with the court. A local legal aid organization or public defender's office can tell you what applies in your situation and whether you need to hire an attorney or can handle it yourself.
Third, keep the certified dismissal order in a safe place. You may need to show it when you explore for jobs, housing, professional licenses, or other opportunities where a background check is run.
How dismissals appear on background checks
Before the record is sealed or expunged, a dismissal typically shows up on background checks as a dismissed case or a case with no conviction. Different background check companies report this information differently — some list it prominently, others note it as resolved or closed. The arrest itself may appear even though the case was dismissed.
Once a record is sealed, most standard background checks will not show it. However, some background checks used for sensitive positions — law enforcement, certain government jobs, or positions requiring security clearances — may still access sealed records. If you are unsure whether a particular background check will show a dismissed case, ask the employer or the background check company directly.
Dismissal versus acquittal and other outcomes
A dismissal is different from an acquittal, even though both result in no conviction. An acquittal means you went to trial and a judge or jury found you not guilty. A dismissal means the case ended before or during trial without that verdict. For practical purposes — employment, housing, most background checks — both are treated similarly: no conviction on your record.
A dismissal is also different from a deferred adjudication or probation without conviction, where you complete certain conditions and charges are dismissed later. In those cases, you may have a record of the arrest and the agreement, even though no conviction is entered. Again, the specifics depend on your state and the type of case.
What to do if you need help understanding your dismissal
If you received a Defendant DL-38 cancellation but are unclear about what it means for your record or your next steps, contact the court that issued it. The clerk's office can explain what the dismissal covers and direct you to resources for sealing or expunging the record.
Legal aid organizations in your area offer free or low-cost help understanding dismissals and pursuing record sealing. You can find local legal aid through your state bar association or by searching online for "[your state] legal aid." Some public defender's offices also help with post-conviction matters like record sealing, even if they did not handle your original case.
Frequently Asked Questions
Does a dismissal mean I was found not guilty?
Not exactly. A dismissal means the case ended without a conviction, but it is not the same as a trial verdict of not guilty. Both result in no conviction on your record, but they happen at different stages. A dismissal can occur before trial, during trial, or as part of a negotiated agreement.
Can the charges be refiled after a dismissal?
It depends on whether the dismissal was "with prejudice" or "without prejudice." With prejudice means the case is permanently closed and charges cannot be brought again. Without prejudice means the prosecutor could refile, though they usually have a limited time to do so. Your dismissal order should state which applies to your case.
Will a dismissed case show up on a job process?
Before the record is sealed, a dismissed case may appear on background checks, though it will show as dismissed or no conviction. After the record is sealed or expunged, it should not appear on most background checks. You can ask the employer or background check company what they will see, or check your own record through a background check service.
How long does it take to seal a record after dismissal?
The timeline varies by state. Some states seal records automatically after a set period — often 30 to 90 days. Others require you to file a petition, which can take weeks or months depending on the court's workload. Contact your local court or legal aid office to find out the process and timeline in your area.
Do I need a lawyer to seal my record?
Many people handle record sealing on their own, especially if the process is straightforward in your state. However, if the rules are complex or if you are unsure about the steps, a lawyer or legal aid organization can help. Some courts also have self-help centers that guide you through the process at no cost.