Charges dismissed. Now what?
A dismissal can open a malicious prosecution claim, and that claim's clocks start on the day the case ended: three years for the federal claim in New York, and 90 days for the notice of claim on the state one. The false arrest claim from the same incident is on an older clock that has been running since your arraignment.
First, congratulations. Walking out of that courthouse with the case over is a real thing, and you are allowed to enjoy it for a day.
Then look at the calendar, because the dismissal did two things at once. It ended the criminal case. And it started the clock on a civil claim that did not exist until the criminal case ended in your favor. Meanwhile, a different clock, for the arrest itself, has been running the whole time.
What the dismissal opens
A prosecution that was started or continued without probable cause is a malicious prosecution claim. You may hear that a dismissal is not enough unless it shows you were innocent. For the federal claim, that is not the rule.
The Supreme Court settled the point in Thompson v. Clark, 596 U.S. 36 (2022). For a Fourth Amendment malicious prosecution claim, favorable termination requires only that the prosecution "ended without a conviction." No affirmative indication of innocence is needed.
A second decision helps people who faced several charges. In Chiaverini v. City of Napoleon, 602 U.S. 556 (2024), the Court held that probable cause for one charge does not defeat a malicious prosecution claim as to a separate, baseless charge. The analysis goes charge by charge. If the officer had grounds for the minor charge and added a serious one with nothing behind it, the serious one can still be a claim.
And if the case against you rested on something an officer made up, that is its own claim. In the Second Circuit there is a right not to be deprived of liberty on the basis of evidence fabricated by an officer (Zahrey v. Coffey, 221 F.3d 342 (2d Cir. 2000)). The fabricated evidence page covers it.
A dismissal does not prove the prosecution was malicious. It is the key that lets you into the room where you get to prove it.
Two claims, two starting lines
This is the part people get wrong, in both directions.
The malicious prosecution clock starts at the dismissal. A claim that depends on the criminal case ending in your favor accrues when it ends in your favor (McDonough v. Smith, 588 U.S. 109 (2019), which decided the point for a fabricated-evidence claim). In New York the federal limitation period is three years (Owens v. Okure, 488 U.S. 235 (1989); N.Y. CPLR 214(5)). In New Jersey it is two years, and in Florida four.
The false arrest clock started long ago. A federal false arrest claim accrues when you were held under legal process, which usually means arraignment, not when the criminal case ends (Wallace v. Kato, 549 U.S. 384 (2007)). The criminal case does not pause it. If your case took two years to be dismissed, the federal false arrest claim has roughly one year left, while the malicious prosecution claim has three.
| Claim | Federal clock starts | Federal period, New York | State notice of claim |
|---|---|---|---|
| False arrest | Arraignment or release (Wallace) | Three years | 90 days, counted from the arrest |
| Malicious prosecution | The dismissal (Thompson; McDonough) | Three years | 90 days from the dismissal |
The new 90 days
A second notice of claim, counted from the dismissal
A state-law claim against the City of New York or another municipality requires a notice of claim "within ninety days after the claim arises" (N.Y. Gen. Mun. Law § 50-e(1)(a)). A state malicious prosecution claim arises when the criminal case ends in your favor. So a fresh 90 days began on the day of the dismissal, and the lawsuit must follow within one year and 90 days (§ 50-i(1)).
This is separate from the notice for the arrest, which was due 90 days after the arrest. If that first notice was never served, the state-law false arrest claim is probably in trouble, though a court can allow a late notice if the application is made before the limitation period runs out (§ 50-e(5)). Our post on the 90-day mistake explains that problem and what survives it. The short version: the federal claims need no notice of claim at all (Felder v. Casey, 487 U.S. 131 (1988)).
The good news in your situation is that the new 90 days are still in front of you. It is the one deadline in this story that nobody has missed yet.
If your case ended in an ACD
Many New York cases end in an adjournment in contemplation of dismissal. Whether an ACD supports a malicious prosecution claim is a question we do not answer here. We answer it with your court file, and the malicious prosecution page explains why. And if you pleaded guilty to anything, even a violation, Heck v. Humphrey, 512 U.S. 477 (1994), may bar a claim that would imply the conviction is invalid. Bring the paperwork.
First steps, this week
- Get the certificate of disposition. Ask the criminal court clerk for it. It shows how and when the case ended, and that date is the one every new clock runs from.
- Write down three dates. The arrest, the arraignment, the dismissal. Put them in the deadline tool. Nothing you enter leaves your browser.
- Ask your defense lawyer for the file. The complaint, the supporting deposition, any video turned over, and the transcript of the dismissal if there is one.
- Request the footage and ask that it be preserved. Our post on getting body camera footage shows how.
- Check that it is really over. If any charge from the incident is still open, or a co-defendant's case is, stop. A person with a pending charge should talk to their defense lawyer before describing the arrest to anyone. The criminal case and civil case page explains why.
What the claim may be worth is a later conversation, and not one we have in numbers. The what a case is worth page explains the factors.
Malicious prosecution
The elements, favorable termination after Thompson, and the charge-by-charge rule.
The claim →False arrest
The older clock: probable cause at the moment of arrest, and when the claim accrues.
The claim →The notice of claim
What the 90-day notice must say, where it goes, and what happens if it is late.
The rule →Common questions
Do I have to prove I was innocent to sue for malicious prosecution?
Not for the federal claim. In Thompson v. Clark (2022) the Supreme Court held that a Fourth Amendment malicious prosecution claim requires only that the prosecution ended without a conviction. No affirmative indication of innocence is needed. You still have to prove the rest of the claim, including that the prosecution lacked probable cause.
My case ended in an ACD. Does that count?
We do not answer that question on this site. An adjournment in contemplation of dismissal ends a New York case without a conviction, but how it is treated for a malicious prosecution claim is something we answer with the court file in hand, not in a blog post. Bring the certificate of disposition to the consultation.
The arrest was two years ago. Is it too late for the false arrest claim?
For the federal claim in New York, not yet: the limitation period is three years, and it runs from when you were held under legal process, usually the arraignment, not from the dismissal. The state-law false arrest claim against the City needed a notice of claim within 90 days of the arrest, so that one is likely affected. The dates decide it; use the deadline tool and then call.
Tell us what happened.
One conversation with an attorney, in your language. We tell you which claims the facts support, which deadline runs first for the agency involved, what evidence to preserve this week, and whether a pending criminal case changes the timing. If it is not a case we can take, we say so and tell you where to go.
(718) 484-7510If a criminal charge is still open, talk to your defense lawyer before you describe the arrest to anyone, including us. English, Russian and Spanish in-house; an interpreter for any other language. Contingency fee, confirmed in writing before we begin.