Understanding Charge Dismissals: What the Data Shows

A significant percentage of criminal cases in Virginia end in dismissal — but rates vary dramatically by charge type, jurisdiction, and other factors. This page examines what the public court data shows about how and why dismissal rates differ.

Types of Dismissal in the Data

In the court records we analyze, dismissals generally fall into two categories:

• Nolle prosequi: The prosecutor declined to pursue the case. This is the most common form of dismissal in our data.
• Court dismissal: The court dismissed the case for various reasons.

Our data also captures cases resolved through diversion or deferral programs, where charges may be dismissed after the defendant completes certain requirements. The availability of these programs varies by jurisdiction and charge type.

Dismissal Rates Across Virginia

Our analysis of 3.67 million court records shows significant variation in dismissal rates:

• By charge type: Probation violations have the highest dismissal rate (85.3%), followed by assault & battery (61.6%), fraud/forgery (59.8%), and weapons offenses (57.9%). DUI/DWI has the lowest (11.9%)
• By jurisdiction: Within any charge category, dismissal rates can vary 3-10x between the highest and lowest courts
• By officer: Cases from some arresting officers result in dismissal more frequently than their peers

Browse charge statistics to see dismissal rates for specific charges and jurisdictions.

What Drives Variation in Dismissal Rates?

Our data measures outcomes but does not capture the specific reasons for each dismissal. Dismissal rates may reflect many factors, including:

• Local court practices and caseload volumes
• How prosecutors in each jurisdiction handle different charge types
• The availability of diversion and deferral programs
• Evidence and procedural factors in individual cases
• Whether defendants have legal representation

These are aggregate statistics that reflect patterns across many cases. Individual outcomes depend on the specific facts and circumstances of each case.

What Dismissal Means in the Data

In our statistics:

• A dismissed case ended without a conviction being recorded
• The dismissal rate is calculated as the number of dismissed cases divided by total resolved cases
• We include both judicial dismissals and nolle prosequi in the dismissal count
• Our data covers 2023-2024 public court records across Virginia

For information about the legal implications of a dismissed charge, including whether it appears on background checks and how it may be expunged, consult a licensed Virginia attorney.

Next Steps

To see dismissal rates for your specific charge and jurisdiction, browse our charge statistics or compare courts across Virginia.