Dismissed With v. Without Prejudice - What does it mean?
So they've dismissed your case? Congratulations! But what happens now? Depending on the specifics of your case and dismissal, there may be another step you should take before putting the incident behind you.
If your case was Dismissed with Prejudice, the State does not have the option to refile the charges in the future. In this circumstance, you may have the immediate option to file a Petition for Expungement of your arrest, with the filing fee being assessed to the State. This does not include an attorney's fee to draft the paperwork for you.
On the other hand, if your case was Dismissed without Prejudice, the State has retained the ability to recharge you if the circumstances of your case change. This may happen when an officer or victim fail to make it to a court hearing. Though expungement is not an immediate option in this situation, once it is determined that the State will probably not be refiling the charges, you could speak with an attorney about expungement at that time.
For more on Kansas Expungement, see KSA 22-2410 and KSA 21-4619.