What Does ‘No Disposition’ Mean in a Court Setting?

Examining the Meaning of ‘No Disposition’ in Legal Context

In legal terms, the phrase "no disposition" indicates that no final judgment has been made on all causes of action. This is why it is sometimes also denominated as "no final disposition." The best way to understand this concept in its lawful context is to consider it a "hold" on the case; as in, the case still exists in order for the court to make a decision on. At first, this might seem counterintuitive. After all, isn’t a disposition an end to a case? As the phrase itself implies, the case should be over, should it not? However, it has less to do with the case’s end and more about an inability to get there due to certain circumstances.
A "disposition" can be understood as any write-up by the court that details the decision for the case. That could be anything from a full judgment document complete with detailed legal reasoning to a short notation. A case’s "disposition" can be a final decision or be regarding only part of a case’s causes of action. This is precisely what "no disposition" means—a case cannot move forward because no final decision has been made for all causes of action.
In most cases, "no disposition" could be a sign that the case was recently closed and is still being entered into that database. In others , it can be a sign that the document notation was dated a significant amount of time prior to a case closing. Other times, it can mean something larger than an out-of-date notation. Take the example that was described on a California court website: If a case was dismissed without prejudice, and there is more than one cause of action, the case is no longer active, but a final disposition of the case has not been entered for the second cause of action. The document goes on to discuss possible dispositions in the past, such as settlements or related causes of action. This example points to a necessary nuance—a case may reach a final disposition but still be "no disposition" based on that particular action not being the last cause.
In many cases where "no disposition" occurs, the attorney general is likely involved. Since this is likely to be the disposition that a person is least likely to be able to look up for themselves, however, it is crucial for a defendant in a case to get in touch with an attorney to discuss the document. Since there is no legal requirement that the attorney will contact the defendant—or that they do the opposite is illegal—it is extremely important to edge toward caution and communicate with an attorney.

Examples of ‘No Disposition’

In some cases when parties appear before a court and for various reasons, the matter is continued, or the case is simply declared as "no disposition," or "ND." In some counties, the "ND" indicator is also used to signify a "bench warrant," in which case the defendant will also be picked up, if that is pertinent.
Suffice it to say that there are any number of situations in which a case can be declared "no disposition." To get a sense of what these might be, consider when a party appears before the court seeking a continuance. Or perhaps a party fails to appear and after 10 days of no appearance charges are dropped and there is a "simple no disposition." This is a clerical circumstance that may be the source of confusion when a background check is run.
There are also other more serious situations, such as when a bench warrant is placed against a defendant because he has failed to appear for court on two or more occasions. This is known as NCIC (National Criminal Identification Center) code "FUGITIVE" status.
It should be noted that there are sometimes situations where an arrest is made but then charges are dropped or a judge simply declares "no disposition," perhaps because probable cause has not been established in order to maintain a conviction. Then, the criminal record associated with such a matter may simply evaporate. But otherwise, a "no disposition" is a clear indication that there has been some sort of formal legal action, whether withdrawn or on file because there is a warrant or it is otherwise suppressed.
Of course, whether an incident remains on file or is truly suppressed or sealed, is another matter and may require legal assistance.

Implications of ‘No Disposition’ for Defendants and Plaintiffs

No Disposition status on a criminal case can change the way a criminal record looks. When a no disposition entry appears on a criminal charge, it is because the case is open. The case has not been resolved via dismissal, finding of guilt or some other final precipitation. In most cases, a No Disposition entry also means that the case is NOT eligible for a record seal.
For defendants: A No Disposition entry lets the defendant know that, at least in the opinion of the Clerk’s office, there is no resolution to the case and the defendant would be wise to consider representation by an attorney who specializes in criminal records.
For plaintiffs: A No Disposition status is a good sign that the case is moving forward properly. This does not mean that the outcome will be favorable, just that the case is still very open and no resolution has been reached, either good or bad. This case is still in progress.

Resolving ‘No Disposition’ Cases

A "no disposition" status simply means that a case has not been resolved yet. Maybe the person was arrested, and booked into jail but released before seeing a judge, or perhaps they were cited directly into criminal court without having their case formally set up. In these cases the person needs an attorney to do some work with the court to get their case updated and properly represented.
Every person charged with a criminal offense in California has a right to an attorney. Those who cannot afford to hire their own private attorney are entitled to have a court appointed attorney represent them. Most felony cases result in a court appointed attorney being assigned to the person charged.
The attorney is assigned when a court finds that the person is indigent, or poor enough to qualify. While the attorney does get paid some money by the state, they are not paid in excess of $1000 for the entire case. A private attorney will often charge more than ten times that amount to handle a case.
The job of a court appointed attorney includes filing motions, arguing motions, and trying to work towards being able to take the case to trial in front of a jury of 12 people. They will attempt to negotiate a resolution of the criminal case without having to take the case to trial.
When a person decides to hire an attorney instead , the case is handled much in the same manner, and the attorney still tries to resolve the case with the District Attorney’s office rather than trial. The only difference is that they are paid out of the client’s pocket, rather than by the county.
The decision to go to trial, or to resolve the case by way of plea bargain is always up to the client. The client will be advised by his or her attorney as to what the consequences of either course are. Ultimately it is the client that decides.
Typically the attorney representing a client will file a motion to recall the old warrant before a judge in order to clear the "no disposition" status from the court records. When the judge hears the motion to recall the warrant, he will also grant a motion to place the case on calendar for arraignment, where the client will either be formally charged with a crime, or the charges will be dropped.
Until the case is resolved, it will remain on the client’s permanent criminal record as unresolved, unless a qualified California Record Clearing attorney gets into the case and has it expunged. A "no disposition" status is typically a red flag for most employers and housing providers who look at criminal pasts. Having the case on the person’s permanent record may result in denials of jobs and housing. That’s why having a lawyer on your side can be helpful.

Mistakes to Avoid Regarding ‘No Disposition’

One of the most common misconceptions about the "No Disposition" term is that it means the case was never filed. In fact, the opposite is true; this term is used when the court is taking no action on a case for now, but the case has been filed. If you go to the courthouse in person, you will see that the same case can be put on a docket – which is an active hearing list – and can be "disposed of" at a later date. Thus, the "disposition" of the case has not happened yet, but there is no rule that says the case has to be "disposed of" immediately, or even in the near future.
Let’s say you get a traffic ticket that you want to challenge. Instead of paying the ticket, you decide to file a formal Traffic Court appeal with the District Court . You go to trial with the Police officer and the District Court Judge finds you not guilty, or the State dismisses your case. In this situation, the Clerk’s office will not be proactive in sending you a notice letting you know the "disposition" of your case. You will have to follow-up at the courthouse to get one of the clerks to print you a copy of the "disposition" of your case. Only in this situation would the Traffic Court appeal show up "no disposition." This may also happen if one of the clerks forgot to update the court system to reflect the disposition of the case. But the Court Clerk can simply print you a copy of the "disposition" after you pro-actively ask them for it.