--- title: "My Case Was Rejected by the DA in California: What That Actually Means" description: "A rejected case and a dismissed case aren't the same thing, and the difference determines how much protection you actually have. Here's how DA rejections, dismissals, and the two-dismissal rule actually work, and what you can do about your arrest record either way." url: "https://www.thehfirm.com/blog/what-happens-if-my-case-gets-rejected" site: "H Law Group" published: "2026-07-15T09:00:00.000Z" --- # My Case Was Rejected by the DA in California: What That Actually Means A rejected case and a dismissed case aren't the same thing, and the difference determines how much protection you actually have. Here's how DA rejections, dismissals, and the two-dismissal rule actually work, and what you can do about your arrest record either way. Category: Criminal Defense Author: Nima Haddadi -- One of top-rated California DUI and criminal defense lawyer A rejected case and a dismissed case sound like the same thing, but they're not, and the difference determines how much protection you actually have going forward. A rejection means the district attorney looked at the police report and decided not to file charges at all. A dismissal happens after charges were already filed in court. Which one applies to your situation changes whether, and how easily, the case can come back. This guide covers what a DA rejection actually means, how it differs from a dismissal, how long prosecutors can wait before trying again, and what you can do about the arrest record itself in the meantime. ## "Rejected" is not the same as "dismissed" A DA reject happens before any charges are filed in court. The prosecutor reviewed the police report, decided there wasn't enough to proceed right now, and simply never filed. Nothing is pending, but nothing has been formally closed either. A dismissal is different: it happens after charges were already filed, and a judge or the prosecutor terminates the case at that point. Whether a dismissal actually protects you depends on how it was entered. A dismissal with prejudice is final. The prosecution can't refile the same charges again. A dismissal without prejudice leaves the door open for the same charges, or new charges based on the same conduct, to come back later, subject to other limits described below. ## Can they still charge me later? Yes, generally, as long as they're within the statute of limitations for the offense. This is where a lot of generic advice gets it wrong by quoting a single number. The actual limits vary by offense: - Most misdemeanors have to be charged within one year of the offense, under Penal Code 802. - Most felonies, those punishable by less than eight years, have to be charged within three years, under Penal Code 801. - Certain more serious offenses carry longer periods, and some crimes, like [murder](/penal-codes/penal-code-187-murder), have no time limit at all. A rejection doesn't reset or shorten these clocks. It just means the prosecutor hasn't filed yet, and they still have whatever time remains under the applicable statute of limitations to change their mind, usually because new evidence surfaces or a witness who was previously uncooperative comes forward. ## The two-dismissal rule doesn't apply to a rejection There's a real legal limit on refiling, but it only kicks in once charges have actually been filed and dismissed, not at the rejection stage. Under [Penal Code 1387](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=1387), a single dismissal bars refiling a misdemeanor that wasn't charged alongside a felony, and two dismissals bar refiling a felony case entirely. There are narrow exceptions, including when substantial new evidence is discovered that couldn't have been found earlier with reasonable diligence, and a special one-time exception for certain violent felonies where a prior dismissal was due to excusable neglect. None of that applies to a rejection, since no case was ever filed in the first place. A prosecutor can, in theory, review the same rejected case as many times as they want within the statute of limitations, without running into the dismissal-count limits that apply once a case has actually gone through the court. ## Why cases get rejected The most common reason is insufficient evidence: prosecutors need enough to prove guilt beyond a reasonable doubt, and a weak police report alone often doesn't clear that bar. Lack of witness cooperation is another frequent cause, since a case that depends on a witness who won't testify or has become unreachable is much harder to prove. Other common reasons include problems with how evidence was obtained, a victim who recants or won't cooperate, or the prosecutor determining that pursuing the case isn't a good use of limited resources given the facts. ## What you can actually do about the arrest record Even when a case is rejected and never filed, the arrest itself still exists as a record. Under [Penal Code 851.91](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=851.91), someone whose arrest didn't result in a conviction, including a straightforward rejection where charges were never filed, can petition the court to have the arrest record sealed. Once sealed, the arrest is treated as though it didn't happen for most purposes, and you generally don't have to disclose it. There are specific carve-outs, though: sealing doesn't excuse you from disclosing the arrest on applications for public office, peace officer positions, licensing by a state or local agency, or certain government contracts, if those applications specifically ask about it. ## What to do next Consult a criminal defense attorney even after a rejection, not just after a formal charge. An attorney can help you understand how much time realistically remains under the statute of limitations for your specific offense, whether pursuing a Penal Code 851.91 petition to seal the arrest record makes sense now, and what to do if the case does get refiled later. ## Rejected vs. dismissed with prejudice vs. dismissed without prejudice - What happened procedurally: a rejection means charges were never filed; a dismissal with prejudice or without prejudice both happen after charges were filed and later terminated. - Can it come back: a rejection can be refiled anytime within the statute of limitations; a dismissal with prejudice cannot be refiled at all; a dismissal without prejudice can be refiled, subject to the Penal Code 1387 two-dismissal limit. - Refiling limit that applies: no dismissal-count limit applies to a rejection; the two-dismissal rule under Penal Code 1387 applies only after charges have actually been filed and dismissed. - What you can do about your record either way: petition to seal the arrest under Penal Code 851.91, since none of these outcomes results in a conviction. ## Frequently asked questions ### Does a rejected case mean I'm in the clear permanently? Not necessarily. A rejection means the prosecutor decided not to file charges right now, but they can still file later if new evidence emerges, as long as they're within the statute of limitations for the offense. ### How long can prosecutors wait before charging me after a rejection? It depends on the offense. Most misdemeanors have to be charged within one year, and most felonies within three years, though some serious offenses carry longer periods or no time limit at all. ### Does the two-dismissal rule protect me after a rejection? No. The two-dismissal rule under Penal Code 1387 only applies after charges have actually been filed and dismissed at least once or twice, depending on the offense. A pre-filing rejection doesn't count toward that limit. ### Can I get my arrest record sealed if my case was rejected? Yes. Since a rejection doesn't result in a conviction, you can generally petition under Penal Code 851.91 to have the arrest record sealed, though you may still have to disclose it on certain applications, like for peace officer positions or professional licensing. ### What's the difference between a dismissal with prejudice and without prejudice? A dismissal with prejudice is final; the same charges can't be refiled. A dismissal without prejudice leaves the door open for the same or related charges to be refiled later, subject to the statute of limitations and the Penal Code 1387 two-dismissal limit. ## About Nima Haddadi Nima Haddadi is a leading California DUI and criminal defense attorney with deep expertise in handling complex cases. Known for strategic defense and courtroom strength, he is a trusted choice for clients facing DUI, felony, and misdemeanor charges. --- ## Contact H Law Group - Phone: (888) 499-4948 (phones answered 24/7) - Email: info@thehlawgroup.com - Free consultation: https://www.thehfirm.com/free-consultation - Contact form: https://www.thehfirm.com/contact-us ### Offices - Los Angeles Branch: 714 W Olympic Blvd Ste, 803, Los Angeles, CA 90015 -- (213) 985-4431 - San Diego Branch: 600 W Broadway, Suite 700, San Diego, CA 92101 -- (619) 716-0968 - San Jose Branch: 333 W San Carlos St, San Jose, CA 95110 -- (408) 869-6572 - Orange County Branch: 2030 Main St, # 1300, Irvine, CA 92614 -- (949) 832-8057 - Riverside County Office: 41593 Winchester Rd, Suite 200, Temecula, CA 92590 -- (951) 418-3576 - Santa Barbara Branch: 1117 State St, Santa Barbara, CA 93101 -- (888) 499-4948 ### Disclaimer This website provides general legal information only and does not create an attorney-client relationship. 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