What Charges Can Be Expunged In Maryland?

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What Charges Can Be Expunged In Maryland
After October 1, 2021, any case that resulted in acquittal, dismissal, not guilty, or nolle prosequi will be automatically expunged after three (3) years if you take no action. However, you do not have to wait for the automatic expungement, and you may want to file a petition.

Can a guilty plea be expunged in Maryland?

How long do I have to wait to file a petition for expungement? – Generally, you must wait 3 years after your case was decided before you can file for expungement, but the rules vary based on the results of your case:

If you were acquitted, received a nolle prosequi, or a dismissal of the charges, you may file earlier if you also file a general release and waiver of any and all people against whom you may have a legal claim as a result of your arrest. If you received a probation before judgment, you may not file for expungement until your probationary period is over or until 3 years have passed, whichever is longer. If your case was placed on the stet docket, you may not file earlier than 3 years after the judgment. If you were pardoned by the governor, you must wait at least 5 years but not more than 10 years after your pardon. To file for an expungement based on a finding of Not Criminally Responsible, you must wait until 3 years have passed since the finding. If you were found guilty of one of the expungeable crimes, you must wait 3 years. Certain convictions can be expunged, Depending on the conviction, you request an expungement 10 or 15 years after the guilty conviction or the satisfactory completion of the sentence, including probation, whichever is later.

If you were found guilty of a crime that is no longer a crime, you may request an expungement immediately. Prior convictions for possession of marijuana can be expunged immediately, but the amount you were convicted of possessing must be less than 10 grams,

If your conviction was for more than 10 grams of marijuana, you may request an expungement 4 years after satisfactory completion of the sentence. You must wait to expunge a case until every charge in that case is expungable. For instance if you received 3 nolle prosequi’s and one Stet, you must wait 3 years because the stet requires a minimum waiting time of 3 years.

In all above cases, however, a court may grant a petition for expungement at any time if the court feels you have shown good cause. If you file for expungement before the waiting period has elapsed, the State’s Attorney may file an objection. You will then have the opportunity to show why you have good cause at a hearing.

How much does it cost to expunge a record in Maryland?

Is there a fee for filing for expungement? –

Form CC-DC-CR-072A, There is no charge to expunge a case with a disposition of acquittal, dismissal, probation before judgment (PBJ), nolle prosequi, stet, or not criminally responsible. Form CC-DC-CR-072B, The filing fee is $30 for eligible guilty dispositions and is nonrefundable, even if denied. The fee is for each case (not for each charge related within a unit of the case). If you cannot afford the fee, you may request that the court waive the filing fee. Form CC-DC-CR-072C, For cases where ALL charges have a disposition of acquittal, not guilty, dismissal, or nolle prosequi, entered on October 1, 2021 or later the court will expunge the case automatically after 3 years. You may request expungement earlier than three years by using this form. There is no fee to do so.

Last updated: October 2021

How long does it take to get your record expunged in Maryland?

Conviction of a Felony or Misdemeanor – If you were convicted of a felony or a misdemeanor, your charge could be eligible for an expungement under Maryland law. Our Maryland expungement attorney will carefully review your charge to determine if you are able to proceed with the expungement process.

If a felony conviction is eligible for expungement, you will be required to wait fifteen years from the completion of your sentence to file your petition. Completing your sentence includes any probation that might have been required. It is also important to understand that you cannot be charged with another crime during this waiting period, or your expungement could be further delayed or denied.

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If you were convicted of one of the specified misdemeanors eligible for expungement, you would be obligated to wait ten years before petitioning the court. However, if you were charged with a second-degree assault or domestic violence crime, then you will have to wait fifteen years.

What Cannot be expunged in Maryland?

The court does not have the authority to expunge minor traffic offenses. Only the MVA can expunge minor traffic offenses. See Transportation Article § 16-117.1. Civil cases, including child support, liens, judgments, peace orders and protective orders CANNOT be expunged.

What is a good cause expungement Maryland?

Maryland Expungement Lawyer Explains Early Expungement Written by | Category How Can I get My Maryland Criminal Record Expunged Now? In Maryland, there are certain circumstances in which a person may be eligible for expungement, but not right away. For example, if you received a Probation before Judgment or “PBJ,” (for a case other than a DUI/DWI) this is a good result.

  1. This means you were not convicted of the offense.
  2. However, you typically will not be able to expunge that offense for at least three years.
  3. In fact, if you were placed on probation, you will not be able to expunge that offense until three years after your probation ends.
  4. Many people cannot afford to wait three years to clear the offense from their Maryland criminal record.

However, there is hope to get an early expungement, Maryland law allows you to petition a judge and request a “good cause expungement.” When a client hires me for these, we typically file a motion to the Court and request a hearing. On many occasions, if the motion is well written and provides ample reasons why the case should be expunged early, a judge will grant it.

Will charges show up if expunged Maryland?

What Happens to My Record After it is Expunged in Maryland? – When a Maryland court grants an expungement order, all the information and records pertaining to your expunged charge or violation is removed from public access. This information will be erased from your criminal record and will not appear on any standard background investigation.

  • It is important to note that an expungement order only pertains to specific records, including police and court records.
  • In today’s world, an expungement will not remove your information from records the press maintains or from social media.
  • While your charge will not appear in a standard background check, an internet search could still uncover the information.

Completely clearing the public record could require additional litigation. The Maryland court does not have jurisdiction over every aspect of the public record, such as published interviews, press stories, or arrest reports carried by local or neighborhood newspapers.

Do misdemeanors go away MD?

Maryland Expungement Laws and Included Offenses – A change in the law that came into effect on Oct.1, 2017, widened the number of offenses that can be removed from a criminal record in Maryland although waiting times can be lengthy. Many misdemeanor offenses including the fairly common offense of second-degree assault became eligible for removal under the new law.

With a few exceptions, offenses can be removed from your record after 10 years as long as you do not re-offend within that time. One exception in the Justice Reinvestment Act was domestic violence second-degree assault convictions. People who are convicted of these offenses must wait for 15 years. Certain crimes can be expunged after three years following the guilty conviction or the satisfactory completion of a sentence, including probation, whichever is later.

They include drinking alcohol in a public place, urination in public, loitering, and vagrancy. New offenses eligible for expungement include misdemeanor theft under $1,000, possession of drug paraphernalia, and prostitution. You must wait 10 years for the expungement of offenses including disorderly intoxication, possession of a controlled or dangerous substance, or breaking and entering a motor vehicle.

Do I have to disclose expunged records in Maryland?

Always keep a copy of your court records and expungement court order. Do I still have to disclose my Criminal Record on employment applications after Expungement? You do not have to disclose arrests and convictions on employment applications if they have been expunged from your record.

Can I clear my criminal record after 5 years?

You can apply for expungement of your criminal record in terms of the Criminal Procedure Act, 1977, to the Director-General: Department of Justice and Constitutional Development. Expungement of a criminal record is a process by which a criminal record of a convicted offender is removed from the criminal record database of the Criminal Record Centre of the South African Police Service.

a period of 10 years has passed after the date of the conviction for that offence. you have not been convicted and sentenced to a period of imprisonment without the option of a fine during those 10 years. the sentence was corporal punishment. the sentence was postponed or you were cautioned and discharged. the sentence was a fine not exceeding R20 000. the sentence was imprisonment with the option to pay a fine (not more than R20 000) instead of serving the period of imprisonment. the sentence of imprisonment was suspended wholly. the sentence was correctional supervision in terms of section 276(1)(h) of the Act. the sentence was imprisonment in terms of section 276(1)(i) of the Act. the sentence was periodical imprisonment in term of section 276(1)(c) of the Act. proof is provided that your name has been removed from the National Register of Sex Offenders or the National Child Protection Register, if relevant.

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You can find information on the steps to take and documents to submit on the website of the Department of Justice and Constitutional Development,

Can I file for expungement online in Maryland?

What Charges Can Be Expunged In Maryland Do you want to expunge your Maryland record online? Are you looking for a service that allows you to complete the online expungement process in Maryland? The easiest way to expunge your record in Maryland online is through MarylandExpungement.com, Click here to get started expunging your record online in Maryland with a FREE expungement eligibility test.

  • MarylandExpungement.com is a online expungement service in Maryland owned and offering legal expungement by the Law Offices of Randolph Rice,
  • Online expungement is only available through Maryland expungement.com and not offered by a State or government website.
  • This legal expungement service is particularly convenient for individuals who don’t want to have to travel to the courthouse, obtain all the paperwork, drive home.

Then try to fill out the complicated paperwork and multiple forms, not knowing which form is correct. Then having to file the forms with the proper courthouse and paying appropriate court fees. And remember, if you make a mistake you don’t get back your filing fee to the court.

How long does a misdemeanor stay on your record?

How long is a misdemeanor on your record? – A misdemeanor stays on your record for life unless you successfully petition for expungement. There is no preset “expiration date” for misdemeanor crimes. Even though misdemeanor offenses are less serious than felonies, they are still serious breaches in the eyes of the law.

What misdemeanors can be expunged in Maryland?

Expungement in Maryland if You Were Convicted of a Crime – Felonies. Effective October 1, 2018, some convictions for the following felonies are eligible for expungement:

theft possession of a controlled substance with the intent to distribute burglary, and home invasion.

You must wait 15 years after completing your sentence before filing for expungement. (Maryland Code, Criminal Procedure § 10-110 (2018).) Misdemeanors. If you were convicted of a misdemeanor, your criminal record might be eligible for expungement. Maryland’s law lists more than 100 misdemeanor offenses that qualify for expungement, including drug possession, prostitution, theft, and assault in the second degree.

  1. See Maryland Code, Criminal Procedure § 10-110 for the full list of eligible offenses.) You must wait ten years after completing your sentence before filing for expungement, unless you were convicted of second degree assault or a domestic violence crime,
  2. In those cases, you must wait 15 years after completing your sentence to apply.

If you are convicted of another crime during the waiting period, the original conviction is not eligible for expungement until the new conviction becomes eligible for expungement. (Maryland Code, Criminal Procedure § 10-110 (2018).) Minor nuisance crimes.

Convictions for minor nuisance crimes, such as public urination, panhandling, consuming alcohol in public, and loitering, are eligible for expungement after a three-year waiting period. (Maryland Code, Criminal Procedure § 10-105 (2018).) Offenses that are no longer considered criminal. If you were convicted for an act that is no longer a crime, your record might be eligible for expungement.

(Maryland Code, Criminal Procedure § 10-105 (2018).) Offenses for which you were pardoned. Your criminal record may qualify for expungement if you were convicted of only one nonviolent crime and the governor granted you a full pardon. (Maryland Code, Criminal Procedure § 10-105 (2018).)

When can you get a felony expunged in Maryland?

IMPORTANT NOTICE: – Effective 10/1/18, the following felony convictions may be expunged:

Felony Theft (Criminal Law Article § 7-104) (CJIS 1-1134, 1-1135, 1-1136); Possession with intent to distribute or dispense a controlled dangerous substance (Criminal Law Article § 5-602(2) (CJIS 1-1119); and Burglary in the first, second or third degree (Criminal Law Article § 6-202(a) (CJIS 2-3000), § 6-203 (CJIS 2-3010, CJIS 2-3015), or § 6-204 (CJIS 2-3020).

If your petition is based on a conviction of a felony that is a violation under Criminal Procedure Article § 10-110, you may file 15 or more years after you satisfy the sentence or sentences imposed for all convictions for which expungement is requested, including parole, probation, or mandatory supervision.

  1. The Petition for Expungement of Records – Guilty form (CC-DC-CR-072B) has been revised effective October 1st to reflect this change.
  2. The Rev.10/2018 version of the form should be used beginning 10/1/18 and previous versions should be destroyed.
  3. For a list of expungeable offenses and their waiting periods, please see the List of Expungeable Charges under Criminal Procedure Article § 10-110 (CC-DC-CR-072G2),
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More information concerning the expungement process can be found within the Judiciary’s Expungement Brochure (CC-DC-CR-072BR), Two copies of most forms are available from a District Court clerk for free. Additional forms may cost $.50 each. For information on obtaining forms in bulk, contact the: District Court Warehouse 2002A Industrial Drive, Annapolis, Maryland 21401 Telephone: 410-260-1650 Purchase Order – District Court Forms (DCA-040) Issue Date: 09/17/2018

Can domestic violence charges be expunged in Maryland?

Long-Term Consequences Associated with a Domestic Violence Conviction – In Maryland, an individual cannot get a conviction expunged from their record. Even if the domestic violence conviction is a misdemeanor and no one was injured, they will be stuck with that criminal conviction on their record for the rest of their life.

  1. In addition to the initial punishments, there could be a psychological burden on that individual they may always have a criminal record despite how much they may have changed and how much time passes.
  2. Additionally, domestic violence allegations carry a particular stigma in most social and professional settings, which could magnify the harmful impact of a conviction by following someone throughout their life and career.

Simply put, a conviction on someone’s record has long-term consequences that could affect their employment, standing with a university, or housing or living situation.

Will charges show up if expunged Maryland?

What Happens to My Record After it is Expunged in Maryland? – When a Maryland court grants an expungement order, all the information and records pertaining to your expunged charge or violation is removed from public access. This information will be erased from your criminal record and will not appear on any standard background investigation.

It is important to note that an expungement order only pertains to specific records, including police and court records. In today’s world, an expungement will not remove your information from records the press maintains or from social media. While your charge will not appear in a standard background check, an internet search could still uncover the information.

Completely clearing the public record could require additional litigation. The Maryland court does not have jurisdiction over every aspect of the public record, such as published interviews, press stories, or arrest reports carried by local or neighborhood newspapers.

When can you get a felony expunged in Maryland?

IMPORTANT NOTICE: – Effective 10/1/18, the following felony convictions may be expunged:

Felony Theft (Criminal Law Article § 7-104) (CJIS 1-1134, 1-1135, 1-1136); Possession with intent to distribute or dispense a controlled dangerous substance (Criminal Law Article § 5-602(2) (CJIS 1-1119); and Burglary in the first, second or third degree (Criminal Law Article § 6-202(a) (CJIS 2-3000), § 6-203 (CJIS 2-3010, CJIS 2-3015), or § 6-204 (CJIS 2-3020).

If your petition is based on a conviction of a felony that is a violation under Criminal Procedure Article § 10-110, you may file 15 or more years after you satisfy the sentence or sentences imposed for all convictions for which expungement is requested, including parole, probation, or mandatory supervision.

The Petition for Expungement of Records – Guilty form (CC-DC-CR-072B) has been revised effective October 1st to reflect this change. The Rev.10/2018 version of the form should be used beginning 10/1/18 and previous versions should be destroyed. For a list of expungeable offenses and their waiting periods, please see the List of Expungeable Charges under Criminal Procedure Article § 10-110 (CC-DC-CR-072G2),

More information concerning the expungement process can be found within the Judiciary’s Expungement Brochure (CC-DC-CR-072BR), Two copies of most forms are available from a District Court clerk for free. Additional forms may cost $.50 each. For information on obtaining forms in bulk, contact the: District Court Warehouse 2002A Industrial Drive, Annapolis, Maryland 21401 Telephone: 410-260-1650 Purchase Order – District Court Forms (DCA-040) Issue Date: 09/17/2018

Does Maryland destroy expunged records?

Here are a few things you should know about Criminal Record Expungements in Maryland. What is a Criminal Record Expungement? A Criminal Record Expungement means that any arrests or criminal records are destroyed or sealed. An expunged record cannot be seen by the public, employers or background check agencies.

Can a felony record be expunged in Maryland?

Expunging Felony Charges and Acquittals – Once you are charged, it becomes more challenging to expunge a felony. First, the felony charge must be eligible for expungement under Maryland law. If it is eligible, then the disposition of your case after charging will affect the steps required to expunge your record.

  1. If you go to court and are acquitted or found not guilty, you can file for an immediate expungement if you file a General Waiver releasing the arresting authority from liability.
  2. If you do not file the waiver, you must wait three years to petition the court for expungement.
  3. This works the same way if your case was dismissed.

In situations where the prosecutor indefinitely postpones your case by filing a “stet,” you need to wait the three years. It is possible to receive a sentence and avoid a guilty verdict. A Maryland judge has the discretion to offer probation before judgment (PBJ).