Free preview A19 Order to Dismiss and to Remove Documents
Free preview
A19 Order to Dismiss and to Remove Documents
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If you recieve a PBJ (probation before judgment) for a DUI in Maryland, it cannot be expunged. When you receive a PBJ for a Maryland DUI or DWI case, it is unlike receiving a PBJ for a criminal case.
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.
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.
If you receive a PBJ from a District Court Judge, probation can last for a maximum of 3 years. A probation before judgment from a Circuit Court Judge can last up to 5 years. If you want to read the full text of the PBJ rules, check out Maryland Courts and Judicial Proceedings Section 6-220.
Yes, you can ask the court to rescind a protective order. Notice must be given to all affected persons eligible for relief and the respondent. A hearing is also required. The court form is available online through the Maryland Courts website.
Yes, you can ask the court to rescind a protective order. Notice must be given to all affected persons eligible for relief and the respondent. A hearing is also required. The court form is available online through the Maryland Courts website.
Because the judgment is not entered as "guilty," a PBJ does not legally count as a conviction for a crime, and therefore the defendant is spared some hardships of having a criminal record, e.g. for purposes of job applications he or she does not have to disclose it as a conviction, though a full criminal background
What do I have to do to get an expungement? Generally, you fill out a Petition for Expungement of Records and file it with the court that heard your case. If it has been less than three years from the time your case was concluded, you will also need to file a General Waiver and Release. A filing fee of $30 may apply.
Under Criminal Procedure § 10-105(c)(2), a PBJ can only be expunged after probation is discharged or three (3) years after probation was granted, whichever date is later. If your probation was discharged in less than three (3) years, you may file a motion for a good cause exception.