When police arrest someone in Minnesota and a prosecutor decides not to file charges, the case is often described as “charges declined.” It means no charges for now. It does not mean the person was cleared, and in most cases it does not stop prosecutors from filing charges later.

The phrase shows up in jail records, police statements and news coverage, including MN CRIME’s. This guide explains who makes the charging decision, why charges might not be filed, how long prosecutors have to change their minds and what happens to the arrest record.

Police Arrest, Prosecutors Charge

In Minnesota, police can arrest someone, but they cannot file criminal charges on their own. A criminal complaint cannot be issued without a prosecutor’s signature unless a judge certifies that the prosecutor is unavailable and the complaint should not be delayed. A judge must also determine that probable cause exists, meaning enough facts to believe a crime was committed and that the person committed it. For an offense punishable by a fine only, the court administrator can make that determination when a court order allows it.

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Which prosecutor decides depends on the level of the crime. County attorneys prosecute felonies. City attorneys prosecute most misdemeanors in their cities. In Hennepin and Ramsey counties, and in Anoka, Carver, Dakota, Scott and Washington counties, city attorneys also handle most gross misdemeanors. Elsewhere, the county attorney generally handles gross misdemeanors, although city attorneys in first-, second- and third-class cities, as state law classifies them, prosecute gross misdemeanor theft and some related crimes.

Declined, Dismissed and No Indictment

Several different outcomes get lumped together:

  • Declined: The prosecutor reviews the case and does not file a complaint.
  • Dismissed: Charges were filed and the prosecutor later drops them. A prosecutor can dismiss a complaint without the court’s approval but must state the reasons in writing or on the record. Dismissing an indictment requires the court’s approval.
  • No indictment: In cases presented to a grand jury, the grand jury can decline to indict and return a report of no indictment.

The 36-Hour Rule

Charging decisions often happen fast. A person arrested without a warrant and held in jail must be brought before a judge within 36 hours, not counting the day of arrest, Sundays and legal holidays. In felony and gross misdemeanor cases, a complaint must be presented to the judge before that appearance. If no complaint is ready, the person must be released.

That is why some people are released from jail a day or two after an arrest with no charges filed. Release at that point does not end the case. Police can keep investigating and send more evidence to the prosecutor, and the prosecutor can file a complaint later.

If a complaint is filed later, the judge issues a summons or a warrant. The court rules prefer a summons, an order to appear in court, unless there is a substantial likelihood the person will not respond, the person’s location is unknown or an arrest is needed to prevent imminent harm.

Why Prosecutors Decline

A complaint requires probable cause, but a conviction requires proof beyond a reasonable doubt. Prosecutors weigh whether they can meet the higher standard at trial. Common reasons for declining or dismissing include not enough evidence, witnesses who will not or cannot testify, evidence that the person acted in self-defense and a need for more investigation.

Diversion is another path. State law requires county attorneys in counties that participate in the Community Corrections Act to run pretrial diversion programs for adults accused of crimes other than crimes against a person. Under those programs, the case is dismissed or never charged if the person completes the program.

Some declinations come with notice requirements. In cases involving domestic assault, criminal sexual conduct, harassment, stalking or violations of an order for protection, a domestic abuse no contact order or a harassment restraining order, prosecutors must make every reasonable effort to tell the victim that they have decided not to prosecute or to dismiss the charges. If the suspect is still in custody, prosecutors must attempt that notice by phone or email before the suspect is released. Victims of domestic assault, criminal sexual conduct, harassment or stalking must also be told how to seek an order for protection or a harassment restraining order, which can be requested without paying a fee. When prosecutors dismiss charges in those cases, they must record the specific reasons.

How Long Prosecutors Have

Minnesota’s statute of limitations sets deadlines for filing charges, and for many crimes there is no deadline at all. Charges may be filed at any time for:

  • any crime that resulted in a death
  • kidnapping
  • labor trafficking of a victim who was under 18
  • first-, second-, third- and fourth-degree criminal sexual conduct
  • sex trafficking
  • sexual extortion

For most other crimes, the limit is three years from the offense. Some crimes have longer limits. First-degree arson has 10 years. Several financial crimes over $35,000 have five years. A 2026 law created a seven-year limit for certain securities, swindling, false claim and stolen property crimes, effective Aug. 1, 2026. That change also applies to older crimes if their limitation period had not run out by that date.

The clock can pause. Time does not count toward the limit while the suspect is not living in Minnesota, while the suspect is in a pretrial diversion program for the offense under a written agreement, or while physical evidence is undergoing DNA analysis, unless the defendant shows the delay was purposeful.

What a Declination Does Not Do

A decision not to charge is not an acquittal. Minnesota’s constitution bars putting a person twice in jeopardy for the same offense, but in a jury trial that protection begins only when the jury is sworn, so declining or dismissing charges before trial usually does not prevent a later prosecution within the time limits below.

A state prosecutor’s decision also does not bind federal prosecutors, who can bring charges under federal law for the same conduct when a federal crime is involved.

What Happens to the Arrest Record

The arrest itself is public. Under Minnesota’s data practices law, arrest data held by the arresting agency are public at all times, including the date and place of the arrest, the charge or legal basis for it and the name, age, sex and last known address of an adult who was arrested.

A person who was arrested but never charged has options. Under state law, if the prosecutor declined to file any charges and no grand jury indictment followed, or if charges were dismissed before a probable cause determination, the Bureau of Criminal Apprehension or the arresting agency must destroy the person’s fingerprints, photographs and other identification data on demand. That applies only if the person has no felony or gross misdemeanor conviction in the 10 years before the case was resolved. When the arrest was a case of mistaken identity, the data must be destroyed without anyone asking.

If a case was filed and all charges were later dismissed, Minnesota’s automatic expungement law makes the person eligible to have the records sealed without filing a petition, unless the dismissal was based on a finding that the person was incompetent to proceed. The BCA identifies eligible records, seals its own records and notifies the courts, which then seal theirs. Automatic sealing covers a case that was filed and then dismissed. An arrest that never became a filed case is covered instead by the destruction rule described above.

How MN CRIME Handles It

When MN CRIME reports an arrest, it reports what police and court records show at the time. An arrest is not a charge, and a charge is not a conviction. If charges are declined or dismissed after a story runs, readers can contact MN CRIME to request an update. MN CRIME’s redaction policy explains what it will and won’t do when someone asks to remove or redact coverage.

This guide explains Minnesota law in general terms and is not legal advice. MN CRIME checked the sources below on Oct. 23, 2026.

Sources

All checked Oct. 23, 2026. Statute pages on the Revisor’s site show the 2025 edition; each was checked for 2026 session law amendments, which are noted where they apply.

  1. Minnesota Rules of Criminal Procedure, Rule 2.01 and 2.02 with comment: complaint requirements, prosecutor’s signature and the prosecutors authorized by law. https://www.revisor.mn.gov/court_rules/cr/id/2/
  2. Minn. Stat. § 388.051, Duties: county attorneys prosecute felonies. https://www.revisor.mn.gov/statutes/cite/388.051
  3. Minn. Stat. § 484.87, subdivisions 2 and 3: city and county prosecution duties. https://www.revisor.mn.gov/statutes/cite/484.87
  4. Minnesota Rules of Criminal Procedure, Rule 30.01: dismissal by the prosecutor. https://www.revisor.mn.gov/court_rules/cr/id/30/
  5. Minnesota Rules of Criminal Procedure, Rule 8.02, subdivision 2: grand jury indictment or report of no indictment. https://www.revisor.mn.gov/court_rules/cr/id/8/
  6. Minnesota Rules of Criminal Procedure, Rule 4.02, subdivision 5: 36-hour appearance and complaint before first appearance. https://www.revisor.mn.gov/court_rules/cr/id/4/
  7. Minnesota Rules of Criminal Procedure, Rule 3.01: summons or warrant after a complaint is filed. https://www.revisor.mn.gov/court_rules/cr/id/3/
  8. Minn. Stat. § 611.02, Presumption of Innocence: reasonable doubt standard. https://www.revisor.mn.gov/statutes/cite/611.02
  9. Minn. Stat. § 401.065, Pretrial Diversion Programs. https://www.revisor.mn.gov/statutes/cite/401.065
  10. Minn. Stat. § 611A.0315, Victim Notification: notice of a decision not to prosecute and reasons for dismissal. https://www.revisor.mn.gov/statutes/cite/611A.0315
  11. Minn. Stat. § 628.26, Limitations, as amended by Laws 2026, chapter 97, article 3, section 4, effective Aug. 1, 2026, and Laws 2026, chapter 127, article 7, section 6. https://www.revisor.mn.gov/statutes/cite/628.26 and https://www.revisor.mn.gov/laws/2026/0/97/
  12. Minnesota Constitution, Article I, Section 7: double jeopardy. https://www.revisor.mn.gov/constitution/
  13. Crist v. Bretz, U.S. Supreme Court, 1978: in a jury trial, jeopardy attaches when the jury is sworn. Gamble v. United States, U.S. Supreme Court, 2019: the dual sovereignty rule. Both were cited in LAWYER’s R-519 review of this draft.
  14. Minn. Stat. § 13.82, subdivision 2: arrest data are public. Section 13.82 was amended in 2026: subdivision 1 by Laws 2026, chapter 92, article 2, section 1, adding the Office of the Inspector General Anti-Fraud and Waste Bureau to the listed agencies, effective Jan. 1, 2027, and subdivision 33 was added by Laws 2026, chapter 117, section 2, which says Minn. Stat. § 121A.0361, subdivision 5, governs data in the statewide anonymous threat reporting system. Neither change affects the arrest data in subdivision 2. https://www.revisor.mn.gov/statutes/cite/13.82
  15. Minn. Stat. § 299C.11, subdivision 1: destruction of identification data after declined charges or mistaken identity. https://www.revisor.mn.gov/statutes/cite/299C.11
  16. Minn. Stat. § 609A.015, Automatic Expungement of Records, subdivisions 1 and 5. Subdivision 5 was amended by Laws 2026, chapter 70, section 5. https://www.revisor.mn.gov/statutes/cite/609A.015 and https://www.revisor.mn.gov/laws/2026/0/70/

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