Q: In September 2021, I had a criminal charge placed on the stet docket. I’ve since completed all the requirements
In September 2021, I had a criminal charge placed on the stet docket. I’ve since completed all the requirements associated with the stet and filed a motion to change my stet disposition to nolle prosequi. My question is: do I need to file a separate motion to expunge this charge from my record, or will it be expunged automatically? It has been three years since the charge, and I reside in Maryland.
A:
You can get is expunged (without filing a motion to change the entry to a nolle prossequi) by filing a Petition for Expungement. The form is online. You are entitled to expungement three years from the entry of the stet.
You have no authority to reopen a stet to enter a nolle prossequi. Only the State's Attorney can enter a nolle prossequi. The court cannot force them to do it. If the State agreed to do it after certain conditions were met, they will do it but you will still need to file for expungement.
Nonetheless, you are eligible for expungement now so file the Petition for Expungement.
Mark Oakley agrees with this answer
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