The only exception to the Unit Rule is for minor traffic violations. No matter what happens with the minor traffic violation, even if you are convicted of it, it will not affect your ability to get the other related records expunged. Read the law: Md. Code, Criminal Procedure This site offers legal information, not legal advice. We make every effort to ensure the accuracy of the information and to clearly explain your options.
However we do not provide legal advice - the application of the law to your individual circumstances. For legal advice, you should consult an attorney. In the absence of file-specific attribution or copyright, the Maryland Thurgood Marshall State Law Library may hold the copyright to parts of this website.
Related Articles. External Resources. Not Criminally Responsible You were found Not Criminally Responsible for one of these charges: urination or defecation in a public place, panhandling or soliciting money, drinking an alcoholic beverage in a public place, obstructing the free passage of another in a public place or a public conveyance, sleeping on or in park structures, such as benches or doorways, loitering, vagrancy, trespass, telephone misuse, disturbing the peace, riding a transit vehicle without paying the applicable fare or exhibiting proof of payment, or certain other transportation charges Md.
Guilty Verdict If you were found guilty of one of these charges you may request an expungement no less than three 3 years after the guilty conviction or the satisfactory completion of the sentence, including probation, whichever is later: urination or defecation in a public place, panhandling or soliciting money, drinking an alcoholic beverage in a public place, obstructing the free passage of another in a public place or a public conveyance, sleeping on or in park structures, such as benches or doorways, loitering, vagrancy, riding a transit vehicle without paying the applicable fare or exhibiting proof of payment, or certain other transportation charges Md.
If you were found guilty of one of these charges you may request an expungement no less than ten 10 years after the guilty conviction or the satisfactory completion of the sentence, including probation, whichever is later: disorderly intoxication, possessing a controlled dangerous substance CDS , use or possession of drug paraphernalia, unauthorized manufacturing, distributing, or dispensing of a CDS, certain burglary, trespass, and other property crimes, breaking and entering a motor vehicle, general theft Md.
If you were found guilty of one of these charges you may request an expungement no less than fifteen 15 years after the guilty conviction or the satisfactory completion of the sentence, including probation, whichever is later: assault in the second degree, violation of an interim peace order, failure to comply with a protective order, felony theft, possession with intent to distribute or dispense a controlled dangerous substance, or burglary in the first, second or third degree.
If you were arrested on or after October 1, and not charged with a crime, your arrest will be automatically expunged within 60 days of your release from custody. If you were arrested before October 1, , you may wish to contact the local arresting police department and ask them to clear the record. 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. This filing fee is not refundable. Learn more about how to file a petition for expungement. Generally, you must wait 3 years after your case was decided before you can file for expungement, but the rules vary based on the results of your case:.
If you were found guilty of a crime that is no longer a crime, you may request an expungement immediately. Prior convictions for possession of marijuana can be expunged immediately, but the amount you were convicted of possessing must be less than 10 grams. If your conviction was for more than 10 grams of marijuana, you may request an expungement 4 years after satisfactory completion of the sentence.
You must wait to expunge a case until every charge in that case is expungable. In all above cases, however, a court may grant a petition for expungement at any time if the court feels you have shown good cause. If you file for expungement before the waiting period has elapsed, the State's Attorney may file an objection. You will then have the opportunity to show why you have good cause at a hearing.
Read the Law: Md. The expungement process takes approximately 3 months. Once the Judge signs the expungement order you will receive a copy of the order in the mail as well as a Certificate of Compliance from each agency required to expunge their part of your record. TIP: It is important that you personally keep copies of all of the documents and papers relating to the expungement process, including a copy of your case file.
There may be times in the future when you need to be able to explain what happened with your expungement, and it can be very difficult to prove what happened once court and police records have been expunged. Citizenship applications and deportation hearings can be negatively affected if the Federal agency handling your immigration case needs to review your past criminal case and can no longer do so because it has been expunged.
Yes, the court can deny your request for an expungement. If the Judge denies the petition at the hearing, you may file an appeal within 30 days of the denial. You will have to pay a fee by credit card or check. Cash is not accepted. To get a copy of your records, you must appear between 8 am and pm at:. A second location you may go to for obtaining your criminal records is a state police office nearest to you.
For many, you can access your criminal record through the Maryland Judiciary Case Search website. It should be noted if you have an older case or a very new case, the website may not reflect your entire criminal record. To get your complete criminal record, follow the instructions above to get your record from CJIS. The MVA automatically expunges eligible driving records.
However, not all driving records can be expunged. Learn more about expunging a driver record. If your DNA was taken as part of the arrest you are trying to expunge, you may wish to include a request on your form for your DNA record to be expunged as well. Learn more about the requirements regarding DNA samples. A pardon does not erase the conviction from the record, meaning that the records remain in court files and law enforcement files.
Pardons are rarely granted. Learn more about how pardons work. Shielding is different from expungement. In some cases, shielding gives less protection than expungement, because it leaves your records accessible by certain people. However, several types of convictions can be shielded even though they cannot be expunged. Expunging or Sealing an Adult Criminal Record. You may be able to seal arrest or conviction records. What Is Expungement? For example, assume that Joe was convicted of petty theft and later had the conviction expunged.
This was Joe's only brush with the criminal justice system. If Joe applies for a job and the application asks, "Have you ever been convicted of a criminal offense?
Specifically, ask the following questions about eligibility for expungement and the procedure that's involved: Is a particular offense eligible for expungement? For example, a jurisdiction may allow expungement only for arrests and misdemeanor convictions and not allow felony convictions to be expunged.
When is a person eligible for an expungement? For example, expungement may be available only after people have finished serving their sentences, including any term of probation.
But, if there's a good reason, a judge may shorten a period of probation in order to allow expungement to take place earlier. What does the expungement process involve? Expungement doesn't necessarily require hiring an attorney. Many courts have forms available, with titles along the lines of "Motion for Expungement. Even if a conviction has been expunged, could it still show up in some circumstances? For example, police departments and some licensing boards may be able to find out about job applicants' expunged records.
Drug Crimes and Juvenile Offenses In many jurisdictions, people who have been arrested or convicted for drug crimes and juvenile offenders may have an easier path to expungement. Talk to a Lawyer Start here to find criminal defense lawyers near you. Practice Area Please select Zip Code.
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