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I was charged w/ a felony case of retail theft, but my case was (nolle prosequi),no process what does this mean?

Memphis, TN |

My co-defendant is still incarcerated, & is being held to grand jury. I was nolle prosqu w/o going to court. I was merely the person who drove the car, I didn't take anything from the store my self.

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Attorney answers 4


Nolle prosequi means that the district attorney's office has decided not to prosecute at this time. If that is the case, you may be able to have all public records of your arrest erased. I do not practice in Memphis, but some court clerks will help in the preparation of the "expungment" paperwork. I suggest that you contact the court clerk's office for assistance.

Any information provided is intended for general informational purposes only. This is NOT legal advice, and no attorney/client relationship has been created. You should consult directly with an attorney to obtain answers to any legal questions.


This means that the Government decided to withdraw the charges against you. You can now petition the court to expunge the record. You should retain a criminal defense attorney to assist you.


Your golden. No charges pending. Case dismissed. However, if case was dismissed because you missed court, then you will be indicted not in custody and also charged with failure to appear. You can call and we can discuss.
Claiborne Ferguson

Claiborne H. Ferguson, Esq. is * Certified as a Specialist in Criminal Trial Advocacy by the National Board of Trial Advocacy. * Certified as a Specialist in Criminal Trial Advocacy by the Tennessee Commission on Continuing Legal Education and Specialization.


I agree with the prior attorneys but would add that the case may have been nolle prosequiied to the Grand Jury. What I mean is that the prosecution may have dismissed your case in General Sessions but is now sending it to the Grand Jury for you to be indicted to Criminal Court. With the fact that your co-defendant's case is going to the grand jury, it makes it more likely that your case may also be going there as well. I say "may have" in that it's possible the charges were simply dismissed as well. You should speak to your attorney to confirm why the charges were dismissed.

Nothing in this communication should be construed as creating an attorney-client relationship. I provide this service for educational purposes only. I will take no action on your behalf unless you have hired me and a written retainer agreement is signed. I am licensed only in Tennessee and I strongly suggest you consult with an attorney in your city and state as Statute of Limitation deadlines can limit your recovery.