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Maryland Request for Access to Shielded Second Chance Act Record(s)

State:
Maryland
Control #:
MD-SKU-0330
Format:
PDF
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Description

Request for Access to Shielded Second Chance Act Record(s)

The Maryland Request for Access to Shielded Second Chance Act Record(s) is a form allowing individuals to ask for access to their criminal records that have been shielded from public view under the Second Chance Act. The Act allows those who have been convicted of certain minor offenses to have those records sealed if they have gone a certain length of time without any subsequent criminal convictions. The request form is available through the Maryland Judiciary website. The Maryland Request for Access to Shielded Second Chance Act Record(s) comes in two forms, one for individuals and one for employers. The individual form is used by individuals who want to access their own shielded records and the employer form is used by employers who are seeking to access the shielded records of a potential or current employee. Both forms require the applicant to provide basic personal information, such as name, address, and date of birth. In addition, the individual form requires the applicant to provide information about the offense(s) that were shielded, including the date of the offense and the court of conviction. The employer form requires the applicant to provide additional information, such as the name of the potential or current employee and the employer’s contact information. Once the form is submitted, the Maryland Judiciary will review the request and determine whether the applicant is eligible to access the shielded records. If they are eligible, the records will be provided to the applicant.

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FAQ

What does "shield" mean under the Maryland Second Chance Act? ?Shield? means to render a court record and police record relating to a conviction of one of twelve specified crimes inaccessible by members of the public. This authorization does not apply to a conviction for a domestically related crime.

Under Rule 16-1009(a)(1)(B), a party to an action in which a case record is filed and a person who is the subject or is specifically identified in a case record may file a motion to permit inspection of a case record filed in that action that is not otherwise shielded from inspection under the access rules.

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. This filing fee is not refundable.

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. This filing fee is not refundable.

What judicial records can the public access? Judicial records are presumed to be open to the public for inspection except as restricted by the Constitution of the United States, the Maryland Constitution, the Maryland Rules of Procedure, federal law, applicable state law, court order, or case law.

You may be eligible to have your MVA records automatically expunged. This means that you no longer have to apply for the expungement. There is no fee for this automatic expungement. The MVA will expunge the record within 31 days of the record becoming eligible for expungement (last conviction date).

There is a $30 fee to file a petition for expungement of records with a guilty disposition (CC-DC-CR-072B). Filing fees are non-refundable. If you cannot afford the fee, you may request that the court waive the filing fee by filing a Request for Waiver of Prepaid Costs (CC-DC-089).

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.

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Maryland Request for Access to Shielded Second Chance Act Record(s)