Maryland Diversion Programs: Options, Eligibility, and Record Clearing

Maryland diversion programs let people facing certain criminal charges resolve their cases without a conviction, usually by completing conditions set by the court or the State’s Attorney. Four mechanisms do most of the work: the stet docket, nolle prosequi, probation before judgment (PBJ), and the state’s problem-solving courts. Each one carries different eligibility rules, different obligations while you participate, and different consequences for what shows up on your record afterward. Which one applies depends on the charge, your history, and the prosecutor’s willingness to offer it.

The Stet Docket

A stet is uniquely Maryland. When the State’s Attorney moves to “stet” a charge, the court indefinitely postpones the trial by marking the charge stet on the docket. The charge is not dismissed; it is shelved. A stet cannot be entered over your objection.¹

Either side can request that a stetted case be rescheduled for trial within one year. After that first year, reopening the case requires a court order and a showing of good cause.¹ Prosecutors often attach informal conditions to a stet, like community service, staying out of trouble, or substance abuse treatment. If you violate those conditions in the first year, the State’s Attorney can simply put your trial back on the calendar. For non-violent drug or alcohol cases, Criminal Procedure § 6-229 lets the court formally require treatment as a condition of the stet.

Any outstanding warrants or detainers on a stetted charge get recalled. Three years after the case is marked stet, you become eligible to petition for expungement.²

Nolle Prosequi

A nolle prosequi is more definitive than a stet. When the State’s Attorney enters a nolle prosequi, the prosecution ends and the charge is dismissed. Bail is released, and warrants or detainers on that charge are revoked.³ As with the stet, a nolle prosequi in non-violent drug or alcohol cases can be paired with a treatment requirement under Criminal Procedure § 6-229.

In diversion, a nolle prosequi usually sits at the finish line. After you complete the program’s conditions, the prosecutor typically dismisses the charge by entering a nolle prosequi, or asks the court to mark it stet.⁴ A nolle prosequi becomes eligible for expungement after three years, the same waiting period as a stet.⁵

Probation Before Judgment

Probation before judgment, called PBJ in Maryland courtrooms, differs from a stet or nolle prosequi because it comes after a guilty finding or plea. Rather than entering a conviction, the judge stays the judgment and places you on probation. If you complete the conditions, the court discharges you without a conviction, and that discharge is treated as a final disposition.⁶

A PBJ is not a conviction for the purpose of any legal disqualification or disability tied to criminal convictions. It still appears on your record until you expunge it. The court can grant PBJ only when it finds the disposition serves both your interests and the public welfare, and you must give written consent.

PBJ is not available for every case. The main disqualifiers:

Repeat DUI offenses. If you have a prior DUI conviction or a prior PBJ for DUI within the past ten years, you cannot get another PBJ on a DUI charge.
Second or subsequent drug offenses. A second controlled substance conviction generally cannot receive PBJ. The exception is a second simple possession charge under § 5-601 of the Criminal Law Article, which can receive PBJ if the court requires you to graduate from drug court or complete substance abuse treatment.
Certain sex offenses involving someone under 16, under specified sections of the Criminal Law Article.⁶

Problem-Solving Courts

Maryland runs specialized court programs in all 24 jurisdictions, each built around a particular population or issue. The Office of Problem-Solving Courts within the Administrative Office of the Courts oversees them statewide.⁷ Current tracks include:

Adult Drug Court, with intensive judicial supervision and treatment for people whose offenses stem from substance use. Programs typically run 12 to 18 months, though compliance drives the actual timeline.⁸
Mental Health Court, for participants with psychiatric conditions that contributed to their legal involvement.
Veterans Treatment Court, for former service members dealing with trauma, reintegration, or service-connected issues.
Family Recovery Court, for parents with substance use disorders in child welfare cases.
Re-entry Court, for people returning to the community after incarceration.
DUI Court, Truancy Court, Juvenile Drug Court, Back on Track Court, and Child Support Problem-Solving Court, each targeting a specific population or offense type.

Before you can be accepted into a problem-solving court, Rule 16-207 requires you to sign a written agreement laying out the program’s requirements, the range of sanctions for non-compliance, and any rights you are giving up. The judge then examines you on the record to confirm you understand and voluntarily consent.⁹ That written agreement is what gives the court authority to impose sanctions later if you fall short.

Who Qualifies

There is no single statewide statute defining who qualifies for pretrial diversion in Maryland. Eligibility sits almost entirely with the State’s Attorney in each county, so criteria shift from jurisdiction to jurisdiction. A few patterns hold across most programs.

Non-violent misdemeanors are the most common entry point. Theft under $1,500 (a misdemeanor in Maryland), minor property damage, and simple drug possession are the offenses prosecutors most often route toward diversion.¹⁰ First-time offenders with no history of violence get the strongest consideration. Felony charges involving weapons or serious bodily harm almost always disqualify a person, though some drug courts accept felony possession cases when substance use clearly drove the conduct.

How You Get In

Your defense attorney usually opens the conversation with the State’s Attorney’s Office, either informally or in writing. For problem-solving courts, a referral can also come from the judge, a probation officer, or a public defender. Some counties have formal applications; others handle it through standard plea discussions.

If a specialized court is on the table, you will need a clinical evaluation from a licensed professional. Drug court applicants need a substance use assessment; mental health court applicants need a psychiatric evaluation documenting diagnosis and treatment needs. The evaluation shapes the treatment plan the court will impose.

A court hearing follows once the prosecutor and defense agree on a path. For a stet, the State’s Attorney files the motion in open court. For PBJ, you enter a guilty or nolo contendere plea and the judge stays the judgment. For problem-solving courts, the judge conducts the on-the-record examination Rule 16-207 requires. In every version, you leave with a clear set of obligations and a timeline for finishing them.

What the Programs Require

Specific obligations depend on the type of diversion and the offense, but most programs share a common core.

Substance-related tracks involve counseling or outpatient treatment and random drug screens reported to the court. Drug court participants attend frequent status hearings, sometimes weekly in the early phases, with the frequency easing as they progress. Community service is a standard condition, with hours set by the court based on the severity of the offense. Where the offense caused financial loss, restitution to the victim is expected.

Across all diversion types, you have to stay arrest-free for the length of the program. A new arrest doesn’t just put your participation at risk; it gives the State’s Attorney grounds to reactivate the original charge. Program lengths vary. Drug courts commonly run 12 to 18 months,⁸ while a stet with informal conditions might only require you to stay out of trouble for a year. Treatment fees, drug testing fees, and supervision fees add up, so it’s worth pricing those out before you agree to participate.

What Happens If You Don’t Comply

Failure to meet your obligations brings the original charge back. For a stetted case, the State’s Attorney can reschedule the trial within the first year, or petition the court for good cause after that.¹ If your diversion agreement included a stipulation of facts, the prosecutor can use that document to secure a conviction without calling witnesses, because you already admitted the facts. That stipulation is the most consequential piece of paper in the process, and many defendants sign it without appreciating what it means if the program breaks down.

For problem-solving courts, termination generally requires notice, a hearing, and the same due process protections that apply to probation revocation. You have the right to be told what you allegedly did wrong, to an evidentiary hearing with counsel, and to the court’s reasons for terminating you. The prosecution has to prove the violation by a preponderance of the evidence. If the court terminates you, the case goes back on the active trial docket as if the diversion agreement never happened, and you face the full sentencing range for the original charge.

A judge can also issue a bench warrant if you stop appearing. A resulting conviction can trigger mandatory reporting for licensed professionals like nurses, lawyers, and doctors, and can surface on employment background checks indefinitely until expunged.

Clearing Your Record Afterward

Completing diversion does not automatically clean your record. The arrest and the charge stay visible in public court records and on background checks until you file for expungement.

Maryland law sets waiting periods based on how the case was resolved:

Stet: three years after the case is marked stet on the docket.²
Nolle prosequi: three years after entry, unless you file a general waiver and release of tort claims related to the case, in which case you can file sooner.⁵
PBJ: eligible for expungement, but a new conviction within three years of the PBJ blocks expungement of the original case. PBJ for alcohol-related driving offenses cannot be expunged at all.⁵

Maryland also enforces a “unit rule.” If you were charged with multiple offenses from the same incident, you can only expunge the records if every charge from that incident is independently eligible. One ineligible charge blocks expungement of the whole unit.

You file the petition in the court where the case was heard. If the case was transferred, you file in the receiving court.¹¹ During the waiting period and until expungement is granted, your arrest and the charge remain searchable. Employers who run background checks can find pending or resolved charges. Whether you have to disclose depends on how the question is framed: if an employer asks only about convictions, a stet or nolle prosequi does not need to be disclosed, but if they ask about arrests or charges, you may need to answer truthfully.

Filing promptly once you become eligible is one of the most practical steps you can take after completing diversion. The record will not clean itself, and every month you wait is another month it remains visible to anyone who looks.

1
New York Codes, Rules and Regulations. Maryland Rules, Rule 4-248 – Stet
2
Maryland Courts. Petition for Expungement of Records
3
New York Codes, Rules and Regulations. Maryland Rules, Rule 4-247 – Nolle Prosequi
4
Maryland General Assembly. Fiscal and Policy Note for House Bill 1449
5
Maryland General Assembly. Maryland Code, Criminal Procedure 10-105
6
New York Codes, Rules and Regulations. Maryland Code, Criminal Procedure 6-220 – Probation Before Judgment
7
Maryland Courts. Welcome to Problem-Solving Courts
8
Circuit Court for Anne Arundel County. Drug Treatment Court
9
Maryland Courts. Maryland Rules, Rule 16-207 – Problem-Solving Court Programs
10
Maryland General Assembly. Maryland Code, Criminal Law 7-104
11
Maryland General Assembly. Maryland Code, Criminal Procedure 10-110