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If the District Attorney's Office decides not to file charges, the suspect will be released. Many hope that no charges filed means they might be off the hook.Many factors go into a prosecutor's decision not to file charges against an arrested suspect. Complete a separate request for each case you will be asking the court to seal. How can I order a court file that is not stored on-site? How do I obtain a Certificate of Disposition? Yes. When formal charges are not filed, the arrest records still exist. If you have questions about getting your criminal charges dropped, contact our New York City criminal defense attorneys for help. So if the general time limit is six years for a felony, the law might allow the prosecutor to file charges within nine years if DNA evidence was collected. The district attorney's office may decline to prosecute or "reject" a case if there is insufficient evidence or if more investigation is required.