non-prosecution agreement (NPA)
A non-prosecution agreement (NPA) is an agreement between the government and a person or entity under investigation, in which the government agrees to not charge or prosecute in exchange for the other party fulfilling an action. NPAs do not require judicial approval and are not filed with the courts. NPAs do not have to be made public unless required by law, or the parties choose to publicize the agreement. Some actions commonly agreed to in an NPA include paying fines, admitting to relevant facts or offenses, and reforming business practices. If the other party fails to comply with the NPA’s terms, the government can pursue prosecution against the party. Non-prosecution agreements are typically used to combat corporate crime because they allow a corporation to avoid the stigma that comes with criminal prosecution and the government agency can stipulate a solution to the offense without a trial.
A non-prosecution agreement is different from a plea bargain because NPAs occur before any formal charges are filed and do not require a defendant to plead guilty or be convicted. Moreover, plea bargains are mutually agreed upon after charges are filed, and can occur after a trial has begun; or, in rare cases, after a conviction. NPAs are also different from deferred prosecution agreements (DPAs) because formal charges are actually filed against a party in a DPA.
See e.g. United States v. The Boeing Company, (2025).
[Last reviewed in April of 2026 by the Wex Definitions Team]
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