Expungement Law

What you need to know to clear up your record
EXPUNGEMENT LAW
What does expungement mean?
 It is a procedure that will “erase” certain
criminal charges/convictions that are on your
record
Who can get an expungement?
 Not all criminal charges or convictions can be
expunged and there are time limitations as to
when you can file for an expungement
 Civil cases cannot be expunged:
 Protective/Peace Orders
 Forfeiture cases
 Child Support cases
You can expunge a charge from which you were
acquitted or the charge was dismissed
 Acquitted means that a
trial was held and you
were found not guilty
by either a Judge or
Jury
 You may file
immediately if you also
file a waiver/release of
liability
 Otherwise you must
wait 3 years
The charge was entered Nolle Prosequi
 Nolle Prosequi (nolle pros) means the state
decided not to prosecute the case. Similar to
a dismissal
 3 years have passed or a general
waiver/release of liability is attached to the
petition
 Cannot have a pending criminal case
 Criminal case includes incarcerable traffic cases
such as DWI/DUI and DWS/DWR
The charge was placed on the
STET docket
 STET – means the case was made inactive
(placed on a shelf)
 There may be conditions placed on the defendant
(complete drug/alcohol counseling; pay restitution;
have no contact with the victim)
 The case will not be prosecuted unless, during the first
year, either the state or defense requests it to be or for
good cause shown within the following 2 years (i.e. the
defendant commits a new offense or violates the
conditions of the STET)
 3 years have passed
 Cannot have a pending criminal case
What if I was convicted of a crime
that is no longer a crime?
 Possession of Marijuana in an amount less
than 10 grams is now a civil citation – no
longer a criminal offense.
 If you were convicted of this or received a PBJ
(Probation Before Judgement) while this was
still a criminal offense, it can now be
expunged from your record
 No waiting period / No conditions – it can be
expunged at any time
I was convicted of a crime; but received
a Probation Before Judgement disposition
 PBJ means that the Judge did not enter a
“conviction” on your case. It is generally reserved for
first time offenders or misdemeanor offenses.
 These can be expunged if:
 It was not one of the following crimes:
 DUI/DWI
 Homicide by motor vehicle while DUI/DWI-alcohol/drugs
 Causing life threatening injuries by motor vehicle while
DUI/DWI – alcohol/drugs
 3 years have passed since the disposition or you have been
discharged from probation – whichever is LATER
 You have committed no crimes during the 3 year period
after the disposition
 You have no criminal charges pending
Convictions for some crimes can
also be expunged
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Urination/defecation in a public place
Panhandling or soliciting money
Drinking alcohol in public
Obstructing the free passage of another in a public place or on public
transportation
Sleeping in a park
Loitering
Vagrancy
Commit the following acts on public transportation:
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Failure to pay your fair
Spit; smoke; eat; drink; litter; play music without headphones; carry live animals
(except those medically necessary)
Urinate or defecate (except in restrooms)
Fail to follow directions of vehicle operator
Fail to vacate handicap/elderly when requested to do so
Conditions:
 Must wait 3 years after the conviction or the
completion of sentence (including probation)
whichever is later
 Cannot have a criminal case pending
What if I was found Not Criminally
Responsible of a crime?
 NCR means that you were convicted of the offense;
but not criminally responsible for your actions
because a mental condition that preventing you
from understanding what you did was a crime.
 3 years have passed since the NCR finding
 No criminal charges pending
 Only certain crimes are eligible for expungement:
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All the ones listed previously; plus
Trespass
Disturbing the peace
Telephone misuse
The crime is no longer a crime – possession of less than 10
grams of marijuana
What if my crime was pardoned by
the Governor?
 It may be expunged if:
 Not a crime of violence;
 The pardon was granted less than 10 years before
you filed;
 No criminal charges pending
What if I was a juvenile, charged as an
adult, but my case was transferred back
to juvenile court?
 This record can be expunged; but it will not
expunge the actual juvenile case – just the
adult record.
 So, this begs the question – can my juvenile
record be expunged?
Yes, if….
 At least 18 years old;
 You were not adjudicated delinquent more than one
time
 You have not been convicted of any offense since
your juvenile case
 You do not have a pending juvenile or adult case
 You were not adjudicated delinquent of any felony;
crime of violence; a 4th degree sexual offense; or use
of a firearm in the commission of a crime of violence
 You were not required to register as a sexual
offender
 You fully paid restitution as ordered by the Court
Yes, if….
 At least 18 years old;
 You were not adjudicated delinquent more than one
time
 You have not been convicted of any offense since
Difference
from adult
your juvenile
caseexpungement:
Victim or victim’s family member is notified and can object
 You do not have a pending juvenile or adult case
 You were not adjudicated delinquent of any felony;
crime of violence; a 4th degree sexual offense; or use
of a firearm in the commission of a crime of violence
 You were not required to register as a sexual
offender
 You fully paid restitution as ordered by the Court
General Rules
 One Unit of Prosecution
 One case which charges multiple offenses
 Burglary; theft; assault
 Plead guilty to theft and other charges are entered
Nolle Prosequi
 Cannot expunge the charges that were
entered Nolle Prosequi because they are the
same “unit of prosecution” as the theft. If the
theft cannot be expunged, neither can the
rest of the connected charges.
The process
1) Pick up the form at the Clerk’s Office
*District Court – District Court cases
*Circuit Court – Circuit Court cases
2) 30$ filing fee
3) Sent to the SAO for a response
4) If there is an objection filed, a hearing will be set
If granted….
 Copies of the Order are sent to:
 The State’s Attorney’s Office
 The police agency that was involved
 The State CJIS system
 For removal from your criminal history record and
Judiciary case search
 The entire process will take about 3 months
Shielding Records
 Two Types of Shielding
 Criminal Cases:
Maryland Second
Chance Act
 Civil Peace/Protective
Orders; certain witness
information
(name/address) under
Maryland Rule 161009(b)
Maryland Second Chance Act
 Shielding a criminal record means that you are
keeping the public from seeing your criminal
convictions.
 Removed from Maryland Judiciary Case Search
 Some entities will still have access to this information:
 Criminal Justice Units (SAO/police/certain federal
agencies)
 A federal, state or local agency that is required to do
background checks on prospective or current employees
 The person who shielded the record and/or his attorney
 Health Occupation Boards
 A person who uses volunteers or who hire people who
care for children or vulnerable adults
What crimes can be shielded
from public view?
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Disorderly Conduct
Disturbing the Peace
Failure to obey a Police Officer
Malicious Destruction of Property under $500
Trespass on Posted Property
Possession of CDS
Possession of non-CDS
Use or Possession of Paraphernalia
Driving without a license
Driving while license is suspended/revoked/
Driving while uninsured
Prostitution
What crimes can be shielded
from public view?
 Disorderly Conduct
 Disturbing the Peace
 Failure to obey a Police Officer
 Malicious Destruction
Property cannot
under $500be shielded
Domestically
relatedofcrimes
 Trespass on Posted Property
 Possession of CDS
 Possession of non-CDS
 Use or Possession of Paraphernalia
 Driving without a license
 Driving while license is suspended/revoked/
 Driving while uninsured
 Prostitution
When can I file to Shield my
record?
 3 years after the sentence is completed
(including probation/parole period)
 You must not have pending criminal charges or
have another conviction during that 3 year
waiting period
 You cannot shield a portion of a record –
 One Unit of Prosecution: if one charge in the unit is
not eligible for shielding, none of them can be
shielded
 2nd Degree Assault and malicious destruction of property
convictions arising from the same incident, the MDP
cannot be shielded
You can only file ONE time in
your life in ONE county
 If you have cases eligible to be shielded in
both the Circuit and District Courts you must
decide which ones you want to shield
 You must choose between District and Circuit
Court
 You should list ALL eligible cases in that court
that you want to have shielded
 You only get one chance
The Process
1) File Petition at the Clerk’s Office in the
Court (Circuit or District) where the conviction(s)
occurred;
2) $30 filing fee
3) Copies will be sent to SAO & Victim for response;
4) If there is an objection, a hearing will be set
Helpful Links
 http://www.courts.state.md.us/legalhelp/exp
ungement.html
 Form for Expungement
http://www.courts.state.md.us/legalhelp/exp
ungement.html
 Form for Shielding
http://www.courts.state.md.us/courtforms/joi
nt/ccdc052.pdf