How the Stet Docket Affects Your Criminal Record
A case placed on the stet docket is not a conviction, which is its primary benefit. When a potential employer, landlord, or licensing board conducts a background check, the case will not appear as a conviction. However, the arrest and the charge itself may still be visible on your Maryland criminal record, along with the stet disposition. This can still raise questions in some contexts, which is why pursuing expungement after the stet period expires is important.
After the stet period expires without the charges being reactivated, you become eligible to petition for expungement of the case. Once expunged, the arrest, charge, and stet disposition are removed from your publicly accessible record. For employment, housing, and licensing purposes, an expunged case is effectively as if it never happened. We strongly recommend that all clients who receive a stet disposition follow up with an expungement petition after the inactive period ends.
Stet vs. Other Favorable Dispositions
Understanding how a stet compares to other favorable outcomes helps you evaluate whether it is the best available resolution for your case. A stet is generally less favorable than a complete dismissal or nolle prosequi because the charges can be reactivated during the stet period, whereas dismissed charges cannot. However, a stet is more favorable than a conviction or even probation before judgment in some respects, because PBJ requires a finding of guilt and compliance with probation conditions, while a stet simply puts the case on hold.
A stet is often the best available outcome when the prosecution has enough evidence to proceed to trial but is willing to defer prosecution in exchange for the defendant meeting certain conditions. Your attorney’s ability to negotiate a stet — and to negotiate favorable conditions during the inactive period — can make a significant difference in how the case affects your life going forward. In our experience in the courtrooms of La Plata, Prince Frederick, Leonardtown, and Upper Marlboro, effective negotiation often results in stet dispositions for cases that might otherwise have proceeded to trial with uncertain outcomes.
If you have been charged with a crime in Maryland, your attorney may discuss the possibility of having your case placed on the “stet docket.” This is one of the most favorable outcomes short of an outright dismissal, but many people have never heard of it. Understanding what a stet means and how it works can help you make informed decisions about your case.
At SoMD Criminal Defense, we have negotiated stet dispositions for clients in Charles County, Calvert County, St. Mary’s County, and Prince George’s County. Here is what you need to know about the stet docket in Maryland.
What Does Stet Mean in Maryland Criminal Law?
A stet (from the Latin word meaning “let it stand”) is a procedural disposition in which the prosecutor agrees to indefinitely postpone prosecution of a case. When a case is placed on the stet docket, the charges are not dismissed but are set aside. The case remains inactive unless the State or the defendant moves to reopen it within one year (three years in some cases).
For practical purposes, a stet means the prosecution is effectively over. You do not have a conviction, you do not go to trial, and after the applicable waiting period, the charge may be eligible for expungement.
How Is a Stet Different from a Dismissal?
While both a stet and a dismissal result in no conviction, they are technically different. A dismissal (nolle prosequi) means the State has dropped the charges entirely. A stet means the charges are suspended but could theoretically be revived within the waiting period. After the waiting period expires without the case being reopened, the effect is essentially the same as a dismissal.
Both stets and dismissals are eligible for expungement, though the waiting periods differ. A stet is eligible for expungement three years after the case is placed on the stet docket.
When Can You Get a Stet in Maryland?
A stet requires the agreement of both the prosecutor and the defendant. It is typically offered in cases where the evidence is sufficient but not overwhelming, where the defendant has no significant criminal history, where the victim’s cooperation is uncertain, where the interests of justice are served by not pursuing prosecution, or where the defendant complies with certain conditions such as community service, restitution, or staying out of trouble.
A stet often comes with conditions. If you violate those conditions, the State can move to reopen the case within the applicable period.
If you are facing criminal charges in Southern Maryland and want to explore whether a stet disposition is possible, contact SoMD Criminal Defense at (301) 818-0389 for a free consultation. As former prosecutors, we understand what it takes to negotiate these favorable outcomes.
Stet Conditions and Expungement
Common conditions attached to a stet include completing community service, paying restitution to the victim, attending counseling or treatment programs, staying arrest-free for a specified period, and having no contact with the alleged victim. If you comply with all conditions and the waiting period passes without the case being reopened, you can petition the court to expunge the charge from your record.
Facing Criminal Charges in Southern Maryland?
The attorneys at SoMD Criminal Defense have over a decade of experience negotiating favorable outcomes for clients in criminal defense cases across Charles County, Calvert County, St. Mary’s County, and Prince George’s County. Call us today at (301) 818-0389 or contact us online.
This is general information and not legal advice. Contact an attorney for advice specific to your case.
FAQ: The Stet Docket in Maryland
Is a stet the same as not guilty?
No, a stet is not a finding of not guilty. It means the prosecution is indefinitely postponed. However, for practical purposes, you do not have a conviction and the charge may be eligible for expungement. A not guilty verdict means you were acquitted at trial.
Can a stet be reopened?
Yes, either the State or the defendant can move to reopen a case on the stet docket within one year (or three years for certain cases). After the applicable period expires, the case cannot be reopened. Complying with all stet conditions reduces the likelihood of the State seeking to reopen.
Does a stet show on a background check?
A case on the stet docket may appear on a background check as an open or inactive case until it is expunged. After the waiting period, you can petition for expungement, which will remove the charge from your record. An attorney can help you through the expungement process.
Frequently Asked Questions
Is a stet the same as having charges dismissed?
Not exactly. A stet places the case in an inactive status, but the charges can be reactivated during the stet period (typically one to three years). A dismissal permanently ends the prosecution and cannot be reversed. Once the stet period expires without reactivation, the practical effect is similar to a dismissal, and you become eligible for expungement.
Can charges on the stet docket be reactivated?
Yes. During the stet period, either the state or the defendant can request reactivation of the charges. The prosecution may reactivate if you fail to comply with conditions agreed upon as part of the stet, or if new evidence emerges. However, reactivation after the stet period has expired is generally not permitted.
Does a stet show up on a background check?
The arrest and charge may still appear on your Maryland criminal record with a stet disposition, which could show up on a background check. However, a stet is not a conviction, so it should not be reported as one. After the stet period expires, you can petition for expungement to remove the record entirely from public view. We recommend pursuing expungement as soon as you become eligible.
