How Long Does a Stet Docket Last in Maryland: Phases and Expungement

A stet docket in Maryland lasts three years from the day the judge marks the charge “stet.” During the first year, either the prosecutor or the defendant can ask the court to put the case back on the trial calendar for any reason at all. From the start of year two through the end of year three, reopening requires a court order based on good cause. Once three years pass with no reopening, the charges are abated and the case is closed permanently.¹

The Two Phases of the Three Years

Maryland Rule 4-248 splits the stet period into two very different windows, and the difference between them is the whole story for anyone trying to figure out how exposed they are at any given moment.¹

Year one. The door is open. Either side can file a request to reschedule the case for trial, and no particular reason has to be given. This is the danger zone, because the prosecutor doesn’t owe anyone a justification.
Years two and three. Reopening now requires a court order, and the party asking has to show good cause. In practice, that almost always means a condition violation or a new criminal charge.
After year three. The charges are permanently abated. The State has lost the ability to pursue them, and the case cannot be revived.

The clock starts running the day the stet is entered on the docket, not the day you were originally arrested or charged. If a stet was entered on March 10, the first-year window closes March 10 of the following year, and the full three-year period closes two years after that.

One wrinkle on the start date: if the stet included a condition that you complete drug or alcohol treatment, the three-year count for later expungement purposes doesn’t begin until the later of either the date you finished treatment or the date the stet was entered. That doesn’t change the reopening timeline itself, but it does push back when you can clear the record.²

What Can Pull the Case Back In

Most stets come with conditions attached. The near-universal one is simple: stay out of criminal trouble for the full three years. On top of that, the agreement may require restitution to a victim, community service hours, counseling or treatment, or no contact with a specific person. These aren’t suggestions. Failing any of them gives the prosecutor a reason to come back to court.

During year one, the prosecutor doesn’t actually need that reason. A motion to reschedule is enough on its own. After year one, the prosecutor has to file a motion and convince a judge there’s good cause. A new arrest is the cleanest case, since the stay-law-abiding condition is almost always baked into the agreement. A missed restitution payment or a treatment program never completed can also qualify, depending on how closely the State is tracking compliance.

When a motion to reopen is filed, the court notifies the defendant or their attorney by regular mail. The defendant has the right to oppose it. Opposition tends to work in two situations: when the State can’t actually point to good cause after year one has passed, or when the defendant has already finished every condition the agreement required. If the judge grants the motion, the original charges land back on the active trial calendar and the case proceeds as if the stet never happened.

One procedural point worth knowing: accepting a stet means waiving your speedy-trial rights. Because the case can sit dormant for years and then come back, you can’t later argue it should be dismissed because the State took too long to try you.

What the Stet Still Shows While It’s Running

During the three years the stet is on the docket, the case is paused, not erased. The charge remains visible on the Maryland Judiciary Case Search, and it will stay visible until you get it expunged.

Under Maryland employment screening law, a “criminal record” explicitly includes a charge marked stet.³ So a stet can appear on background checks and counts as a criminal record for the State’s hiring screening rules. It is not a conviction, and many employers will treat it differently once you explain what it is, but it is not invisible.

A couple of consequences that often worry people are more limited than they might assume. For non-citizens, a stet is generally not treated as a conviction for federal immigration purposes, because there is no guilty plea, no finding of guilt, and no punishment imposed. Immigration cases are fact-specific, though, and anyone who isn’t a U.S. citizen should get immigration-specific advice before agreeing to any disposition. On firearms, because a stet is not a conviction, it does not trigger the federal firearms disabilities that follow a felony conviction or a domestic violence misdemeanor conviction.

Clearing the Record After Three Years

Surviving the three-year stet period isn’t the same as clearing the record. Expungement is a separate step you have to request.

Once three years have passed from the date the stet was entered, you become eligible to petition for expungement.²⁴ You file a formal petition with the court using the designated form for stet dispositions.⁵ It does not happen automatically when the three years run out.

Two conditions limit eligibility. You cannot be a defendant in a pending criminal proceeding when you file, and an intervening conviction can complicate or block the petition.² And if the stet carried a drug or alcohol treatment condition, remember that the three-year count runs from the later of treatment completion or stet entry, so you may need to wait longer than three calendar years from the court date.

When expungement is granted, the court and police records tied to the charge are removed from public view. The charge stops appearing on the Maryland Judiciary Case Search and on standard background checks. For most people, that is the real end of the matter: the three-year clock runs out, the case closes for good, and the record is cleared.

1
New York Codes, Rules and Regulations. Maryland Rule 4-248 – Stet
2
Maryland General Assembly. Maryland Code Criminal Procedure 10-105
3
Maryland Department of Labor. Ban the Box Criminal Screening Practices FAQ
4
Maryland Courts. Expungement Tip Sheet – When to File
5
The Maryland People’s Law Library. Expungement and Changing Your Criminal Record