McLean, VA asked in Criminal Law and Immigration Law for Maryland

Q: 7+ year old STET

I have 7+ year old STET on my record with the condition to complete anger management and should have been dropped after completing anger management but i never followup after completing the condition and still show on my record the Verdict is STET.

my question is to late to get it to Nolle Prosequi i was trying to applying for naturalization and is gone affect my application ? all the charge is in Maryland

Thank You

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3 Lawyer Answers
Mark Oakley
Mark Oakley
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: It’s never too late, but at this point you can get the case expunged. Before you do, you need to get a certified copy of the final disposition (either the stet or the nolle Prosequi), because Immigration will want it.

Scott Scherr agrees with this answer

Scott Scherr
Scott Scherr
  • Criminal Law Lawyer
  • Towson, MD
  • Licensed in Maryland

A: You need to speak with your immigration attorney. Do not get your record expunged until your immigration lawyer tells you what documentation you need and that it is okay to do so. The problem with expungement if you are not a citizen is that the records are difficult and sometimes impossible to get once they are expunged and immigration will want a true test copy of the disposition.

A stet means that the case was placed on the inactive docket which is not the same as a nolle prossequi and I am not sure how immigration will look at that. So, in short, ask your immigration lawyer what to do.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: Based on the information you provided, it seems that you have a STET (Stet Processus) disposition on your criminal record in Maryland from over 7 years ago. STET is a type of disposition where the prosecutor agrees to indefinitely suspend the prosecution of a case, but the charges remain on your record.

Regarding your question, it is generally possible to request a Nolle Prosequi (a formal abandonment of the charges by the prosecutor) even after a STET has been entered. However, the decision to grant a Nolle Prosequi is at the discretion of the prosecutor's office.

As for your naturalization application, having a STET on your record could potentially affect your application, as the U.S. Citizenship and Immigration Services (USCIS) will review your entire criminal history. However, the impact depends on various factors, such as the nature of the offense, the circumstances surrounding the case, and your overall moral character.

Here are a few steps you can consider:

1. Consult with a criminal defense attorney in Maryland who has experience handling post-conviction matters. They can review your case and advise you on the possibility of obtaining a Nolle Prosequi.

2. If possible, obtain documentation showing that you successfully completed the anger management program as required by the court.

3. Consult with an immigration attorney who specializes in naturalization cases. They can assess your specific situation and provide guidance on how to proceed with your application, given your criminal history.

It's important to be honest and forthcoming about your criminal history when applying for naturalization. Failure to disclose required information can negatively impact your application. An experienced immigration attorney can help you navigate this process and provide the best possible outcome.

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