Continuance for Dismissal (CFD) in Minnesota

What a Continuance for Dismissal Is

A CFD is an agreement between the defendant and the prosecutor to suspend the prosecution for a designated period — commonly 6 to 12 months — on certain conditions. The court does not make a finding of guilt, and you do not enter a guilty plea. You typically agree to conditions such as committing no new offenses, and you usually waive your right to a speedy trial for the continuance period. If you satisfy the conditions, the case is dismissed automatically at the end of the period.

Why "No Plea" Matters So Much

This is the heart of why a CFD is so valuable. In most other favorable dispositions — including a stay of adjudication — you have to enter a guilty plea, and that plea stays in the public court record even when no conviction results. A guilty plea can be used against you by employers, in immigration proceedings, and in other settings. With a CFD, there is no admission of guilt to be used against you. The record reflects that charges were filed and then dismissed.

How It Differs From the Alternatives

• vs. Stay of adjudication: A stay of adjudication also avoids a conviction, but it requires a guilty plea that the court declines to formally accept. A CFD involves no plea and no finding of guilt. (See our page on stays of adjudication and imposition for that comparison.)
• vs. Pretrial diversion: Diversion is functionally similar — prosecution suspended, dismissed on successful completion — and the term "diversion" is more often used in felony cases, while "continuance for dismissal" is more common in non-felony and traffic cases. (Diversion is governed by Rule 27.05 and Minn. Stat. § 401.065.)
• vs. Outright dismissal: A true dismissal ends the case immediately with no conditions; a CFD requires you to earn the dismissal by completing the conditions over time.
• vs. Plea to a reduced charge: A plea — even to a lesser offense — is still a conviction. A CFD avoids a conviction entirely.

Who Tends to Get a CFD

Prosecutors don't offer a CFD in every case. They are most common for lower-level offenses and people with little or no record — for example, minor theft, certain alcohol-related offenses, and traffic matters. Because the offer comes from the prosecutor, the strength of the defense — pretrial motions, proof problems, and skilled negotiation — often influences whether a CFD is put on the table at all.

What Happens If You Violate the Conditions

If you don't comply — typically by picking up a new offense or failing a required condition — the prosecution can be reinstated, and the case resumes where it left off. Note an important variation: in some CFD agreements the defendant enters a factual basis or conditional plea up front that is only acted on if there's a violation; in others, the prosecutor simply restarts the case. The exact structure of the agreement controls what happens on a violation, which is why the terms matter.

After a Successful CFD: Expungement

Because a successful CFD ends in a dismissal with no conviction, it is often a strong candidate for expungement — sealing the record of the charge from public view — after the applicable waiting period. Many people pursue expungement shortly after the case is dismissed. (See our expungement page for eligibility and timing.)

What this means for you: a CFD can let you put a charge fully behind you without ever admitting guilt or carrying a conviction. Because it's discretionary with the prosecutor and the terms vary, getting one — and getting the terms right — is very much a negotiated outcome.

Key Terms

• Continuance for dismissal (CFD): An agreement suspending prosecution on conditions, with dismissal on successful completion and no guilty plea.
• Suspending prosecution: Another name for the CFD mechanism — the case is paused rather than dismissed outright.
• Pretrial diversion: A functionally similar program, more often used in felony cases.
• No finding of guilt: The feature that distinguishes a CFD from a stay of adjudication.