What Should You Know About Expungement in Maryland?

expungement in Maryland

Expungement is something that is available to many citizens throughout the United States, and Maryland is no different. What should citizens with a criminal record understand about expungement in Maryland, whether or not they are eligible, and the process for having records expunged?

What Is Expungement?

Expungement is a special process that can allow people who have been charged or convicted of certain crimes to remove the court and police records related to the case from public view. While expungement often applies to cases that did not end in a conviction, there are some convictions that can eventually be expunged.

Even if you were not convicted of a crime, expungement can offer you many benefits. For example, many different companies, organizations, and employment agencies will require you to have a background check during the application process. Even if you explain that you were never convicted, the charges on your record could directly impact whether or not you are accepted.

What Types of Records Can Be Expunged?

The primary factor in whether or not you are eligible for expungement is what the final verdict of your case was. Both misdemeanor and felony cases can be expunged, but it depends on the final outcome. For many criminal charges and other charges, if you were found guilty and convicted in court, you will not be able to have your records expunged. There are some exceptions to this rule, which is why working with an attorney is important.

Are There Exceptions to Getting an Expungement?

Yes, there are cases where the state will not allow you to pursue expungement in Maryland. For example, if you currently have pending criminal charges against you, you cannot file to request expungement of any records, even if they are for a case that happened a long time ago. If you had a PBJ and received a new criminal conviction within three years of its issuance, you will not be able to get the PBJ off of your record in most cases. We can work with you to determine whether or not you are eligible for expungement.

How Can You Have Your Records Expunged?

Providing that you are eligible for expungement, you will be able to fill out a petition for expungement records with your attorney. This petition will be filed with the court, and it might also require you to complete additional paperwork depending on how long it has been since the end of the case you are asking to be expunged. In most cases, you must wait for three years before requesting expungement.

If your charge resulted in a dismissal, not guilty, acquittal, or nolle prosequi result, there is a good chance that your record will be expunged by the state of Maryland without your intervention after three years. Automatic expungement includes cases like traffic violations that required a court appearance, criminal charges, and civil offenses that involve the possession of under 10 g of marijuana. The state will notify you if your records have been automatically expunged.

Learn More About Expungement in Maryland from The Law Office of Elizabeth Anu Lawrence

If you or a loved one are concerned about whether or not you are eligible for expungement in Maryland, choose an experienced firm like the Law Office of Elizabeth Anu Lawrence to give you the help you need.  Please give us a call at 443.352.3201. Skype and telephone consultation are both available to clients.

Contact Us

    Law Office of Elizabeth Anu Lawrence, LLC.
  • Address: 90 Painters Mill Road Suite 201 Owings Mills, Maryland 21117
  • Phone: (443) 352-3201

  • Email: info@elawrencelaw.com

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