Maryland Expungement Handbook: Procedures and Law for Clearing Criminal Records The Maryland Expungement Handbook is a comprehensive guide that outlines the procedures and laws governing the expungement process in Maryland. It provides individuals with a step-by-step process to clear their criminal records, offering them a fresh start and improved opportunities for employment, education, and housing. Key topics covered within the Maryland Expungement Handbook: 1. Maryland Expungement Laws: This section details the laws and regulations pertaining to expungements in Maryland. It explains who is eligible for expungement, the types of offenses that can be expunged, and the criteria that must be met to qualify for expungement. 2. Expungement Procedures: The handbook provides a detailed breakdown of the expungement process, including the forms required, the necessary documentation, and the specific steps individuals need to take to navigate through the legal system successfully. It outlines the timeline, court filing procedures, and hearings involved in expungement cases. 3. Types of Maryland Expungements: a. Adult Expungements: This subsection focuses on expungements for adult offenses committed in Maryland. It delves into the different categories of crimes that can be expunged and those that are ineligible for expungement, such as violent offenses and certain felonies. It also discusses the waiting period required before being eligible for expungement. b. Juvenile Expungements: In this section, the handbook explores the expungement process for individuals who committed offenses while they were minors. It covers the specific provisions within the Maryland Juvenile Code that pertain to expunging juvenile records and the circumstances under which expungement can be granted. c. Non-Conviction Expungements: The handbook addresses expungements for charges that did not result in a conviction. It outlines the criteria and procedures for clearing arrest records, dismissed charges, and cases with a nolle prosequi or a probation before judgment (PBA) disposition. d. Pardon-Based Expungements: This subsection explains the expungement process for those who have obtained a gubernatorial pardon in Maryland. It clarifies the requirements and procedures for applying for expungement based on a pardon. 4. Information Resources: The handbook provides valuable resources such as contact details for relevant government agencies, court forms, and reference materials. It also includes FAQs and examples of successful expungement cases to help individuals better understand the process. By providing detailed explanations, step-by-step instructions, and specific eligibility criteria, the Maryland Expungement Handbook equips individuals with the knowledge and resources necessary to navigate the complex process of clearing their criminal records in Maryland. Whether seeking an adult expungement, juvenile expungement, non-conviction expungement, or pardon-based expungement, individuals can rely on this handbook to understand their rights and increase their chances of a successful expungement.
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.