Maryland Motion To Seal Juvenile Records

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Multi-State
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US-03332BG
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Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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FAQ

During the enlistment process, if it is made known there is a criminal history, the juvenile may sign a release form giving the military access to his/her records. Note:? There is nothing in the TFC that is designed to allow the military to force the juvenile to give unsealed records to the recruiter.

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.

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.

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.

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.

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.

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.

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Maryland Motion To Seal Juvenile Records