An acquittal is a legal decision that a criminal defendant is not guilty of the charged offense. It means the prosecution did not obtain a conviction. An acquittal may come from a jury's not-guilty verdict, a judge's decision after a bench trial, or a court's ruling that the evidence is legally insufficient to support a conviction.

An acquittal is final in an important sense: under the Double Jeopardy Clause, the government generally may not retry the defendant for the same offense after a valid acquittal. That protection is one reason the term must be distinguished from a dismissal or mistrial, which can have different consequences.

How an acquittal happens

The route to an acquittal depends on how the case is tried and the rules of the court.

State terminology and procedures can differ, so these federal examples do not describe every possible route in every court.

What an acquittal means

An acquittal means the prosecution failed to prove every required element of the offense beyond a reasonable doubt. It does not necessarily mean that the court or jury affirmatively found the defendant factually innocent.

That distinction matters. A criminal verdict answers whether the government met a demanding legal burden on the charged offense. Evidence may be disputed, excluded, incomplete, or simply insufficient to remove reasonable doubt. The result is still an acquittal even if the factfinder does not determine exactly what happened.

An acquittal is the opposite of a conviction, which is a finding or plea of guilt. It also reflects the prosecution's failure to satisfy the beyond-a-reasonable-doubt standard.

Acquittal vs. dismissal vs. mistrial

These terms all describe ways a criminal case or trial can end, but they are not interchangeable.

Result

Basic meaning

Possible retrial effect

Acquittal

A not-guilty resolution or a ruling that the evidence cannot sustain a conviction

Generally bars another prosecution for the same offense

Dismissal

The court ends a charge or case, sometimes for a procedural, legal, or evidentiary reason

Depends on the reason, timing, and whether jeopardy attached

Mistrial

The trial ends without a final verdict because it cannot properly continue

Retrial may or may not be allowed, depending on why the mistrial occurred

A dismissal before trial, for example, may leave the government able to correct a problem and file again. A dismissal that is functionally based on the insufficiency of the evidence after jeopardy has attached can raise different constitutional issues. Similarly, a mistrial caused by a genuinely deadlocked jury is different from one produced by prosecutorial conduct intended to provoke the defendant into requesting it.

Because the double-jeopardy effect turns on the substance and timing of what occurred—not just the label on an order—case-specific analysis may be necessary.

What can happen after an acquittal

A valid acquittal usually ends the criminal prosecution for that same offense. The defendant ordinarily cannot appeal a not-guilty result merely because the government disagrees with how the factfinder assessed the evidence.

An acquittal does not automatically erase every consequence connected to the underlying events. Depending on the facts and applicable law:

Those possibilities do not undo the acquittal. They reflect that different proceedings can ask different legal questions and apply different standards.

Frequently asked questions

Is acquitted the same as innocent?

Not exactly. “Acquitted” means the prosecution did not prove guilt beyond a reasonable doubt and the defendant received a not-guilty resolution. It does not necessarily establish factual innocence.

Can a judge acquit a defendant?

Yes. A judge can return a not-guilty decision in a bench trial. In federal court, a judge can also enter a judgment of acquittal when the evidence is legally insufficient under Rule 29.

Can a person be tried again after an acquittal?

Generally, the Double Jeopardy Clause bars retrial for the same offense after a valid acquittal. Questions involving different charges, separate sovereigns, or the true nature of a prior ruling can be more complicated.

Is a hung jury an acquittal?

No. A hung jury has not reached the required verdict. The court may declare a mistrial, and a retrial is often permitted.

Does an acquittal clear a person's criminal record?

Not automatically. Record-sealing and expungement rules vary by jurisdiction and may require a separate request.

*This glossary entry provides general legal information, not legal advice. Criminal procedure and post-acquittal remedies vary by jurisdiction and by the facts of a case.*