Maryland Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

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Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

Expunged information will not show up in background checks. You are not legally required to tell employers about an expunged record except in certain circumstances not governed by Maryland law. This brochure is about expunging adult criminal records about you from Maryland state court records only.

You cannot get a PBJ expunged if the PBJ was for certain alcohol related driving offenses (Md. Code, Transportation § 21-902 OR Criminal Law §§ 2-503, 2-504, 2-505, or 2-506, or former Article 27, § 388A or § 388B). A court has no authority to expunge aliases or grant an expungement in cases of identity theft.

A Criminal Record Expungement means that any arrests or criminal records are destroyed or sealed. An expunged record cannot be seen by the public, employers or background check agencies.

A person is eligible to file if they were convicted of: - a criminal offense that is no longer a crime. - certain nuisance crimes. - cannabis possession under Criminal Law Article § 5-601. - specified crimes under Criminal Procedure Article § 10-110.

The REDEEM Act of 2023 will allow anyone convicted of a qualifying misdemeanor offense to expunge their record five years after completing their sentence terms. Similarly, those convicted of nonviolent felonies could qualify to request an expungement in only seven years.

Only the MVA can expunge minor traffic offenses. See Transportation Article § 16-117.1. Civil cases, including child support, liens, judgments, peace orders and protective orders CANNOT be expunged. If there is outstanding restitution, your petition for expungement may be denied by the court.

The "Good Cause" Requirement An excellent example of the ?good cause? needed for an early expungement is if the Defendant is encountering extreme and verifiable difficulties with finding employment. Other situations in which ?good cause? may exist include the following: Housing Discrimination. Academic Discrimination.

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.

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 Motion to Expunge Criminal Offender Record due to Charges having been Dismissed