Can Sex Crime Charges Be Dropped in Maryland

Sometimes a Maryland sex crime charge ends without a conviction, but it never ends because the complaining witness decides to drop it. A criminal charge belongs to the State, and only a prosecutor or a court can end one.

A second point matters almost as much. A charge that ends without a conviction may open the door to expungement under Md. Code, Crim. Proc. § 10-105, while a Maryland sex offense conviction is overwhelmingly not expungeable at all. Under Md. Code, Crim. Proc. § 10-110, the only sex-related convictions on the eligible list are the prostitution-related misdemeanors at Md. Code, Crim. Law §§ 11-303, 11-306, and 11-307. Convictions under Md. Code, Crim. Law §§ 3-303, 3-304, 3-307, 3-308, 3-315, 3-324, 3-602, 3-809, 3-902, 11-207, 11-208, 11-304, 11-305, and 3-1102 are not expungeable.

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and the firm’s Of Counsel attorneys handle Maryland sex offense matters and can explain how a given disposition would affect a record afterward. Request a consultation by calling (888) 437-7747.

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Who Decides Whether a Maryland Charge Continues

People often arrive with the same question in the same form. The person who made the report wants to take it back, so can the case go away. Maryland answers that structurally. A criminal case is brought by the State, the prosecutor carries it, and a complaining witness appears as a witness rather than as a party. A witness who no longer wants to participate has communicated something the prosecutor may weigh, and nothing more than that. The decision belongs to the prosecutor and to the court.

Cases do end without a conviction. A nolle prosequi, a stet, a dismissal, or probation before judgment can each conclude a Maryland case, and each of them is entered by the prosecutor or by the court rather than by a witness or by a defendant. Which of them appears on a given docket depends on facts particular to that case, and no one can say in advance which, if any, will appear on a particular record.

The firm does not predict how a Maryland case will end. Mr. Sris and the firm’s Of Counsel attorneys read the record, explain what each possible disposition would mean for a client afterward, and prepare the defense the case calls for.

What a Disposition Without a Conviction Means Afterward

An ending that is not a conviction and a clean public record are two different things. The court file remains until a separate step removes it, and Md. Code, Crim. Proc. § 10-105 is the section that governs that step. It reaches an acquittal, a dismissal, probation before judgment, a nolle prosequi, a stet, a compromise, and a vacated conviction. Waiting periods under that section vary by disposition and generally run 3 years, and a court may grant expungement at any time for good cause.

The section reaches non-convictions. Serious sex offenses under Md. Code, Crim. Law Title 3, Subtitle 3 are not expungeable as convictions under § 10-105. A person convicted of one of those offenses gains nothing from it, which is why the disposition on the docket carries so much weight in a Maryland record.

Convictions run through Md. Code, Crim. Proc. § 10-110 instead, and that section carries a rule people rarely expect. Maryland groups charges into units, and if one conviction in a unit is ineligible, no other conviction in that unit may be expunged. A count that would qualify on its own can stay on the record because of the count sitting next to it.

Frequently Asked Questions

Can the person who reported the case drop the charges?

No. The charge belongs to the State, not to the person who made the report. A complaining witness who wants to withdraw has told the prosecutor something the prosecutor may consider, and the prosecutor or the court still decides whether the case continues. Maryland does not give a witness the power to end a criminal case, and a defendant should not treat a witness’s change of heart as an ending.

Does a nolle prosequi mean the case is over?

A nolle prosequi is an entry made by the State that ends the charge as it stands. It is not a conviction, and Md. Code, Crim. Proc. § 10-105 lists it among the dispositions that section reaches. This page does not state the procedure, the standard, or the timing for that entry, because those turn on the facts of a specific case. Ask a defense attorney what the entry on your docket actually says.

Is a stet the same as a dismissal?

They are different entries, and clients often use the words interchangeably. Both a stet and a dismissal appear among the dispositions Md. Code, Crim. Proc. § 10-105 reaches, and neither is a conviction. What each one means for a particular record depends on how the docket reads. The safest approach is to obtain the docket and have the entries read rather than to rely on a description given in the hallway.

Is probation before judgment a conviction?

For purposes of Md. Code, Crim. Proc. § 10-105, probation before judgment appears on the list of dispositions that section reaches, alongside an acquittal, a dismissal, a nolle prosequi, a stet, a compromise, and a vacated conviction. Clients frequently describe probation before judgment as a conviction, and that description changes the analysis. The docket entry controls, so the review begins there.

If my case is dismissed, does my record clear itself?

No. The court file does not disappear because a case ended. Md. Code, Crim. Proc. § 10-105 governs expungement after a non-conviction or a specified disposition, waiting periods under it vary by disposition and generally run 3 years, and a court may grant expungement at any time for good cause. This page does not state filing procedure. It states only which section applies.

Can a Maryland sex offense conviction be expunged later?

In almost every instance, no. Under Md. Code, Crim. Proc. § 10-110, the only sex-related convictions on the eligible list are the prostitution-related misdemeanors at Md. Code, Crim. Law §§ 11-303, 11-306, and 11-307. Convictions under Md. Code, Crim. Law §§ 3-303, 3-304, 3-307, 3-308, 3-315, 3-324, 3-602, 3-809, 3-902, 11-207, 11-208, 11-304, 11-305, and 3-1102 are not expungeable, and time does not change that.

Why can a second charge stay on my record?

Md. Code, Crim. Proc. § 10-110 groups charges into units. If one conviction in a unit is ineligible, no other conviction in that unit may be expunged. A count that would qualify on its own remains on the record when it shares a unit with an ineligible conviction. Reviewing the whole case rather than a single count is the only way to see whether the unit rule applies to a particular record.

Should I contact the complaining witness about the case?

Speak with a defense attorney before any contact. A pending Maryland case can carry conditions that restrict contact, and contact can create additional exposure separate from the original charge. The impulse to explain, apologize, or ask someone to withdraw a report is understandable, and it regularly makes a case worse. Bring the question to counsel and let the answer come from the record.

About the Firm

Mr. Sris is the Owner and Founder of the firm and a former prosecutor. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm was founded in 1997 and concentrates in criminal defense, and Mr. Sris and the firm’s Of Counsel attorneys work on Maryland sex offense matters together. Clients reach the firm through a 24/7 phone intake. A first review looks at the charging documents and the docket, because the entries there determine both what the case is and what any disposition would mean for the record afterward. Request a consultation to discuss a pending Maryland charge. Call (888) 437-7747.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

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