Nolle prosequi (often called a "nol-pros") is a legal term meaning the prosecutor has decided to stop pursuing charges against you—and the case is dismissed. It's one of the best possible outcomes in a criminal case, and it's surprisingly common in Maryland when handled by the right attorney.
If you're facing criminal charges in Maryland, understanding nolle prosequi could change the trajectory of your case. This guide explains what it is, how it works under Maryland law, why it differs from other dismissals, and why having an experienced local attorney negotiate one matters.
What is Nolle Prosequi? The Basics
A nolle prosequi is a formal decision by the prosecutor to drop charges. The term comes from Latin and literally means "I will no longer prosecute." When a prosecutor files a nolle prosequi, they're telling the court: we're ending this case, we're not moving forward, and the charges are dismissed.
Here's what matters: a nolle prosequi is not the same as being found not guilty. You're not exonerated in a trial. Instead, the prosecutor simply chose not to proceed. But practically speaking, the result is the same—your case is dismissed and you can move forward.
This happens surprisingly often in Maryland criminal cases, especially when:
- New evidence emerges that weakens the prosecution's case
- A witness becomes unavailable or unreliable
- Police didn't follow proper procedures
- The defendant has no criminal history and the charges are minor
- The case was overcharged to begin with
How Does Nolle Prosequi Differ from a Dismissal?
This is where things get confusing—even for people who've been through the court system. Both result in your case ending, but they're technically different.
The distinction
A dismissal means the judge terminates the case. This might happen because the evidence is weak, the prosecutor made an error, or the defendant's rights were violated. A dismissal can come from the judge on its own motion or because the defense attorney successfully argued that the charges should be dropped.
A nolle prosequi specifically means the prosecutor asked to drop the charges. The prosecutor is voluntarily withdrawing the case.
In practical terms, both get your case dismissed. But there's a real difference in how it looks legally and what options might be available to you afterward—particularly around expungement.
What Happens to Your Bond When You Get a Nolle Prosequi?
If you've been arrested or had charges filed, you may have posted bond or been released on your own recognizance. A common question: what happens to that bond money if you get a nolle prosequi?
Here's the straightforward answer: your bond is exonerated when the charges are dismissed. If you posted a cash bond, that money should be returned to you. If you used a bail bondsman, you've lost the premium you paid (that's how bail bonds work—the fee is non-refundable), but your underlying obligation is gone.
This process isn't automatic. Your attorney should file paperwork requesting bond exoneration, and the court clerk will process the return of your money. It can take a few weeks depending on the court's workload. If your bond money hasn't been returned within a reasonable time after dismissal, follow up with the court or have your attorney do so.
Can You Expunge a Nolle Prosequi from Your Record in Maryland?
This is critical, and it's where the distinction between nolle prosequi and other dismissals matters most.
Yes—a nolle prosequi is eligible for expungement in Maryland, and the law treats it far more favorably than a conviction. But there's an important detail most people miss: it isn't always immediate.
Under Maryland law (MD Code, Criminal Procedure § 10-105), a petition to expunge a nolle prosequi generally can't be filed until three years after the disposition—unless you file a written General Waiver and Release of any tort claims arising from the charge (or the State's Attorney consents to an earlier filing). In practice, most people who simply want the record gone sign that waiver and petition right away. Once the court grants the petition, it means:
- You can petition the court to have the record sealed shortly after the dismissal
- Once expunged, the arrest and charges don't appear on background checks (with limited exceptions)
- You can legally answer "no" when asked if you've been arrested for that charge
- Employers, landlords, and creditors won't see the charge on a criminal background check
This is one of the most valuable outcomes in Maryland criminal law. A dismissal leaves a record; a nolle prosequi that gets expunged essentially removes the entire incident from your record.
Important caveat: There are some exceptions. Federal background checks, certain government agencies, and professional licensing boards may still see expunged records. If you're applying for a security clearance, certain law enforcement jobs, or a professional license (like nursing or law), disclosure requirements may differ. This is why consulting with an attorney about your specific situation matters.
Nolle Prosequi vs. "Stet" Disposition—What's the Difference?
You may have heard the term "stet" in Maryland courts. It's different from nolle prosequi, and the distinction is important.
A stet (sometimes called a "Stet docket" or "Stet disposition") is a unique Maryland practice. It's not a dismissal—it's more like a pause. The charges remain on file, but the case is placed on an inactive docket. The prosecutor isn't actively pursuing it, but they technically can reopen it within a year (or longer in certain circumstances).
| Factor | Nolle Prosequi | Stet Docket |
|---|---|---|
| Case Status | Dismissed permanently | Inactive but on file |
| Prosecutor Can Restart | No (except rare circumstances) | Yes, within ~1 year |
| Your Record | Expungement-eligible (3-yr wait, or right away with a waiver) | Cannot be expunged while stet |
| Better Outcome? | Generally yes | Fallback option |
Which outcome is better? Generally, nolle prosequi is preferable because it's a true dismissal and is expungement-eligible—often right away, once you file the General Waiver and Release. However, sometimes a stet is the best you can negotiate, especially in more serious cases. An experienced Maryland criminal defense attorney will know when to push for nolle prosequi versus accepting a stet if that's the realistic alternative to going to trial.
Why You Need a Local Maryland Attorney for Nolle Prosequi Negotiations
Getting a nolle prosequi doesn't happen automatically. You have to negotiate it—or convince the prosecutor it's the right outcome. This is where having an attorney who understands Maryland criminal procedure makes a tangible difference.
Prosecutors have discretion. They decide whether to move forward with charges, and they decide whether to agree to a nolle prosequi. But they don't make these decisions in a vacuum. They consider:
- The strength of the evidence against you
- Your criminal history
- The nature of the charge
- The victim's wishes (in some cases)
- The prosecutor's caseload and resources
- Whether the case is worth their time to prosecute
A skilled criminal defense attorney in Maryland knows how to present your case in a way that makes nolle prosequi make sense to the prosecutor. This might mean identifying weaknesses in the evidence, highlighting procedural problems with the arrest, presenting your background and ties to the community, negotiating a resolution that serves everyone's interests, or understanding the specific prosecutor's office's practices and priorities.
Different prosecutors in different Maryland jurisdictions have different approaches. The State's Attorney's Office in Anne Arundel County operates differently than Baltimore City or Montgomery County. An attorney who knows these offices, the prosecutors who work there, and the judges on the bench has an advantage that someone unfamiliar with local court culture simply doesn't have.
For minor charges—like a first-time drug possession, a low-level theft, or a disorderly conduct charge—getting a nolle prosequi is often realistic. But it requires an attorney who can credibly present your case and negotiate effectively.
What Happens After You Get a Nolle Prosequi?
Once the prosecutor files a nolle prosequi, the case is dismissed. But there are practical next steps:
Bond exoneration
File for return of your bond money. Your attorney should handle this or walk you through it.
Expungement petition
Work with your attorney to file a petition to expunge the record. In Maryland, a nolle prosequi ordinarily carries a three-year waiting period—but filing a General Waiver and Release of tort claims (or getting the State's Attorney's consent) lets you petition right away. Once the court grants it, the case is sealed and doesn't appear on background checks.
Update your employment
If you listed pending charges on a job application or disclosed them to an employer, you can update your status once the case is dismissed and expunged.
Professional licenses
If you're in a profession that requires disclosure of arrests or charges, consult with your attorney about what you need to disclose after a nolle prosequi. Requirements vary by licensing board.
Moving forward
Once the record is expunged, you can move on. A dismissed charge that's been expunged shouldn't affect housing applications, job searches, or your future.
The Bottom Line
A nolle prosequi is one of the best outcomes in a Maryland criminal case. It means the charges are dismissed, your bond is returned, and—most importantly—you can have the arrest and charges expunged from your record. This gives you a genuine fresh start.
But getting a nolle prosequi requires more than just hoping for the best. It takes an attorney who understands Maryland criminal procedure, knows the local prosecutors and judges, can identify the weaknesses in the case against you, and can negotiate effectively on your behalf.
If you're facing criminal charges in Maryland—whether it's a DUI, drug possession, theft, assault, or any other charge—the decisions you make early in your case matter enormously. A nolle prosequi might be within reach, but only if your attorney knows how to position your case to make that outcome realistic.