Continuance for Dismissal
An agreement where the prosecution pauses a criminal case, and if the defendant meets certain conditions, the charges are dismissed.
A continuance for dismissal is an agreement between the prosecution and the defendant in a Minnesota criminal case. The prosecutor agrees to pause the case for a set period of time. If the defendant meets certain conditions during that time (like staying law-abiding, completing community service, or attending a class), the prosecutor dismisses the charges. No guilty plea is required.
This is different from a stay of adjudication because you never plead guilty. The case is simply put on hold. A continuance for dismissal is not created by a specific statute. It is a practice that prosecutors use at their discretion. Because of this, the terms can vary widely depending on the prosecutor, the county, and the facts of the case.
The conditions are usually straightforward: no new criminal charges, possibly some community service, and sometimes a payment or donation. The pause typically lasts anywhere from a few months to a year. If you meet all the conditions, the charges are dismissed and there is nothing on your record. If you fail to meet the conditions, the case picks back up where it left off.
Why it matters: A continuance for dismissal is one of the cleanest outcomes in a criminal case. Because there is no guilty plea and no conviction, it leaves your record in the best possible shape. It is also the easiest type of resolution to expunge if needed later, since there is no conviction or plea to address.
Example: Tom is charged with disorderly conduct after a dispute with a neighbor. The prosecutor offers a continuance for dismissal: if Tom completes an anger management course and has no new charges for six months, the case will be dismissed. Tom completes the course, stays out of trouble, and the charges are dismissed.
When the prosecutor offers to pause your case and dismiss it later if you meet conditions