Maryland Motion for New Trial for Purpose of Expunging Criminal Record

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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.

Title: Understanding Maryland Motion for New Trial for the Purpose of Expunging Criminal Records Introduction: In Maryland, individuals who wish to clear their criminal records can file a Motion for New Trial for the Purpose of Expunging Criminal Records. Expungement is a legal process that allows eligible individuals to have their criminal records removed or sealed from public view, providing them with a fresh start. This comprehensive guide will delve into the details of Maryland's Motion for New Trial, its purpose, eligibility criteria, and the different types of expungement available. I. Maryland Motion for New Trial for Expunging Criminal Records: A Motion for New Trial serves as a formal request to the court to reconsider a previously rendered verdict or to introduce new evidence that may influence the outcome of the case. In terms of expunging criminal records, this motion is specifically used for petitioning the court to remove or seal a criminal record to restore an individual's reputation and opportunities for employment, housing, and other legal benefits. II. Eligibility for Maryland Motion for New Trial for Expunging Criminal Records: To be eligible for filing a Motion for New Trial for the Purpose of Expunging Criminal Records in Maryland, certain criteria must be met: 1. Completion of Sentence: The individual must have completed their sentence, including probation, parole, or any other conditions imposed by the court. 2. No Subsequent Convictions: There should be no other criminal convictions following the completion of the relevant sentence(s). 3. Waiting Period: Maryland imposes a waiting period before expunging records, which varies according to the severity of the offense or charge. It can range from three years for certain misdemeanors to 15 years for felonies. III. Types of Maryland Motion for New Trial for Expunging Criminal Records: Maryland offers several types of expungement under the Motion for New Trial, depending on the specific circumstances of the criminal offense. Some common types include: 1. Misdemeanor Expungement: This involves expunging misdemeanors from an individual's criminal record, ensuring they are no longer accessible to the public. 2. Felony Expungement: Felony expungement applies to more serious offenses, such as drug distribution, burglary, or assault. If eligible, these charges can be permanently removed from the individual's record. 3. Noble Prose or Dismissed Case Expungement: Expungement is possible for cases that have been dismissed or resulted in a nolle prosequi, indicating the prosecutor will not pursue further action. 4. Probation Before Judgment (PBA) Expungement: Individuals who have received Probation Before Judgment, which allows them to avoid a conviction, may qualify for expungement if they meet certain criteria. 5. Conviction for Use or Possession of Controlled Dangerous Substances Expungement: This expungement is available for individuals convicted of controlled dangerous substance offenses in Maryland. Conclusion: The Maryland Motion for New Trial for the Purpose of Expunging Criminal Records provides a pathway for individuals to erase or seal their criminal past and regain various civil rights. Consulting with an experienced attorney or legal expert is crucial to navigate the expungement process successfully and ensure compliance with Maryland's specific requirements. Expunging criminal records offers individuals a fresh start, aiding in their pursuit of employment, housing, and a more secure future.

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In order to be eligible for expungement, you must have satisfied your sentence including any supervision. Certain misdemeanor convictions may be filed after five (5) years. Certain felony convictions, assault in the second degree and common law battery convictions may be filed after seven (7) years.

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.

On October 1, 2023, Senate Bill 37, also known as the Redeem Act, will take effect. When it does, waiting periods for some expungements in Maryland will reduce. This result is because the period to file for expungement of eligible convictions could shorten to roughly half the current time.

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 Maryland Governor has enacted SB 37, also known as the REDEEM Act of 2023. This law reduces the waiting period for non-violent convictions' expungements. Consequently, numerous Maryland residents with criminal records can now seek expungements for their misdemeanor and felony convictions earlier than before.

Usually, the verdict or outcome of your case determines whether specific records can be expunged. It does not matter whether your case was a misdemeanor or a felony. For most offenses, if you have been convicted (found guilty), the records about that charge cannot be expunged. There are exceptions.

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.

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.

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Maryland Motion for New Trial for Purpose of Expunging Criminal Record