Brenda & Alan Fishbein

Baltimore410-461-3500

Washington301-621-5011

Emergency 24/7 number443-803-3595

How to Expunge Your Criminal Record

DFields@fishbeinpa.com,   Criminal Law   Leave a Comment

Expunging your criminal record in Maryland is possible under Maryland law. http://mgaleg.maryland.gov/webmga/frmStatutesText.aspx?article=gcp§ion=10-101&ext=html&session=2014RS&tab=subject5. Expunging a criminal record means that all information about your arrest and conviction are removed from the Court and police records that are open to public inspection. If you were charged with a crime, you may be able to have the matter expunged and all information about your arrest and the charges removed from the public records. If you were found not guilty or if the charges against you were dismissed, you may be eligible to have your record expunged. Expungement is also available if you were granted probation before judgment unless the probation before judgment is related to a charge of driving while intoxicated, driving under the influence of alcohol or several other alcohol-related charges. See http://mgaleg.maryland.gov/webmga/frmStatutesText.aspx?article=gtr§ion=21-902&ext=html&session=2014RS&tab=subject5 andhttp://mgaleg.maryland.gov/webmga/frmStatutesText.aspx?article=gcr§ion=3-211&ext=html&session=2014RS&tab=subject5 In addition, if your charges were dismissed with the requirement of drug or alcohol treatment, if the charge was placed on the stet (inactive) docket, or if you were convicted of a crime and the crime was not a crime of violence and you were granted a full and unconditional pardon by the Governor, you are also eligible to have your criminal records expunged.

A Petition for Expungement can not be filed until three years after the conviction unless the person seeking the expungement also files General Waiver and a Release of all tort claims arising from the charge. Once the Petition is filed it is reviewed by the Court. The State’s Attorney in the county where the charge was filed then has an opportunity to object to the Petition for Expungement. If no objection is filed, the expungement will be entered by the Court. If an objection is filed the Court will schedule a hearing will then determine whether or not to grant the expungement.

Your criminal record will show up in any routine background checks by your employer or prospective employers. If you currently have a criminal record, you should consult an attorney about seeking an expungement and the removal of all information about the crime from your records. You should consult with your attorney if you have questions about the expungement process.

Be the first to write a comment.

Your feedback