Maryland Affidavit in Support of Motion to Order Expungement of Criminal Record

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US-02246BG
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Description

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

You may request expungement earlier than three years by using this form. There is no fee to do so. Form CC-DC-CR-072D. The filing fee is $30 for eligible guilty dispositions and is nonrefundable, even if denied.

An Expungement is the removal of court and police records from public inspection. This does not include Motor Vehicle Administration records, which may have minor traffic violations, such as a speeding ticket. This process should take no more than 90 days unless there is an objection or an appeal.

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 "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.

You'll especially want legal representation if the law enforcement or Maryland state attorney's office protests your expungement petition. Protests mean a hearing before a judge to make your case ? and no one does that better than a criminal litigation lawyer.

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.

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.

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Maryland Affidavit in Support of Motion to Order Expungement of Criminal Record