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cameohawkins 11:57 AM 04-12-2016
Hi,

I wanted to know if I have a Second Degree Assault charge that was put on Stet and closed with not pleading guilty and no conviction am I able to still apply to become a daycare provider. I am able to get it expunged in September 2016 but would like to start the process and classes.
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Thriftylady 12:08 PM 04-12-2016
Originally Posted by cameohawkins:
Hi,

I wanted to know if I have a Second Degree Assault charge that was put on Stet and closed with not pleading guilty and no conviction am I able to still apply to become a daycare provider. I am able to get it expunged in September 2016 but would like to start the process and classes.
I guess I am confused but if there was no guilty plea and no conviction, what is there to expunge?
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Blackcat31 12:27 PM 04-12-2016
If the state’s attorney agrees, a defendant’s case may be put on the stet or inactive docket. Placing a case on the stet docket acts as an indefinite postponement of the case.

Placing the case on the stet docket means that the defendant does not have a conviction. A case that has been placed on the stet docket will be eligible for expungement.

Usually a defendant must wait three years to obtain an expungement. Sometimes a case is placed on the stet docket with conditions. A defendant may have to make a donation, attend counseling, pay restitution, or take some other action in order for the case to remain on the stet docket.

In assault cases, a common condition of having a case put on the stet docket is that the defendant attend and successfully complete an anger management program. In some cases, the state will require, as part of the agreement that the defendant have no contact with the victim.

@OP I would just call MA licensing and ask.
https://www.daycare.com/maryland/
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Thriftylady 12:50 PM 04-12-2016
Originally Posted by Blackcat31:
If the state’s attorney agrees, a defendant’s case may be put on the stet or inactive docket. Placing a case on the stet docket acts as an indefinite postponement of the case.

Placing the case on the stet docket means that the defendant does not have a conviction. A case that has been placed on the stet docket will be eligible for expungement.

Usually a defendant must wait three years to obtain an expungement. Sometimes a case is placed on the stet docket with conditions. A defendant may have to make a donation, attend counseling, pay restitution, or take some other action in order for the case to remain on the stet docket.

In assault cases, a common condition of having a case put on the stet docket is that the defendant attend and successfully complete an anger management program. In some cases, the state will require, as part of the agreement that the defendant have no contact with the victim.

@OP I would just call MA licensing and ask.
https://www.daycare.com/maryland/
So if it is just on a docket, why would it show up on a background check? Wouldn't it have to be a conviction to show up? I guess I don't have any understanding of these things.
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Febby 04:18 PM 04-12-2016
Originally Posted by Thriftylady:
So if it is just on a docket, why would it show up on a background check? Wouldn't it have to be a conviction to show up? I guess I don't have any understanding of these things.
I don't know. I have some old charges that were dismissed prior to court that show up on my background checks. They don't affect my ability to work in child care, but I do give a heads up to anyone running a check on me to expect them to pop up.
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Unregistered 05:37 PM 04-12-2016
Originally Posted by Thriftylady:
I guess I am confused but if there was no guilty plea and no conviction, what is there to expunge?
The arrest itself, I have something similar as well, case was dismissed but still shows up on certain background checks.
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