Handbook on expungement law and procedures providing valuable information for Attorneys and their Clients.
Maryland Expungement Handbook - Procedures and Law
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There is no charge to expunge a case with a disposition of acquittal, dismissal, probation before judgment (PBJ), nolle prosequi, stet, or not criminally responsible. Form CC-DC-CR-072B. The filing fee is $30 for eligible guilty dispositions and is nonrefundable, even if denied.
The court does not have the authority to expunge minor traffic offenses. 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.
Under SB 37, known as the REDEEM Act of 2023, waiting periods for filing expungement petitions for a conviction eligible for expungement under § 10-110 of the Maryland Criminal Procedure Code are halved.
The Unit Rule If the conviction is not expungeable, the person will not be able to expunge the records from the two charges that were dropped either. The only exceptions to the Unit Rule are minor traffic violations and cannabis possession.
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.
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.
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 Does the Law Do? Under the new law, someone convicted of a misdemeanor offense can have their record expunged in five years. However, they must still complete all of the terms of their sentence before qualifying for expungement.