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Maryland General Waiver and Release - for use with expungements

State:
Maryland
Control #:
MD-SKU-0152
Format:
PDF
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Description

General Waiver and Release - for use with expungements

The Maryland General Waiver and Release is a legal document used in the state of Maryland for individuals seeking to expunge records from their criminal history. The document is also referred to as an “expungement waiver” and is used to waive any and all rights to challenge the expungement of the records. There are two different types of Maryland General Waiver and Release — for use with expungements: the Standard Waiver and Release and the Reduced Waiver and Release. The Standard Waiver and Release requires the individual to waive all rights to appeal the expungement, while the Reduced Waiver and Release allows the individual to retain the right to appeal the expungement. The document also requires the individual to affirm that they are aware of and understand the consequences of the expungement. Additionally, it requires the individual to certify that all information provided to the court is accurate and truthful. Once the Maryland General Waiver and Release — for use with expungements is signed and submitted, the individual's criminal records will be expunged and the individual's criminal history will be cleared.

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FAQ

An expunged record cannot be seen by the public, employers or background check agencies. However, the record may still be seen by government agencies, police, military, and other agencies that require a security clearance for a particular job.

Most common expungeable convictions: 10 Year. Public intoxication. Possession/administration of CDS. Drug Paraphernalia. B&E of a Vehicle ? Rogue/Vag. Trespass ? Posted Prop.15 Year. 2nd Degree Assault. Felony theft. CDS with Intent to Distribute. Burglary ? 1st, 2nd and 3rd.

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.

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.

The expungement process takes about 90 days from the date that you file your petition. - The State's Attorney's Office has 30 days from when they receive the petition to object to any petition for expungement.

An expungement of a misdemeanor conviction will allow you to purchase and own guns again in most cases. If you have been convicted of a felony, however, your gun rights can only be restored by a pardon, not an expungement.

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.

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Maryland General Waiver and Release - for use with expungements