Maryland Criminal Record Expungement: Learn How to Get Your Criminal Record Expunged in Maryland
Your criminal record can be expunged in Maryland, which means sealed or erased according to certain circumstances mentioned below. If you are eligible for Maryland criminal record expungement, the record will be taken out from public inspection. Additionally, in a majority of cases, you are not required to divulge the details of being convicted of a criminal offense in the past or your arrest.
Criminal record expungement Maryland when not convicted of a criminal offense
The police arrested you but did not charge you with a criminal offense
In case you were arrested without being charged, you can request for an expungement. However, whether your arrest record will be automatically erased or not will depend on your arrest date.
- In case the police arrested you prior to or after 1st October 2017, an automatic expungement of your arrest record will happen within sixty days from that date on which you were released from custody.
The agency arrested you, as well as charged you with a criminal offense but were not convicted
It is possible for you to request for your criminal record expungement Maryland if:
- There was a settlement in your case
- The court had postponed your case for an indefinite period
The court declared you “not guilty”
- The court dismissed the charge slapped against you
- You were put on probation without any judgment. The exception is only for DUI charges or
- The trial led to dropping off the charges placed against you
In a majority of cases, you have to wait for 3 years prior to filing for expungement in Maryland unless a valid cause can be demonstrated on why the court should take a call on your expungement case.
On the other hand, your case is not eligible for expungement in the case in case you have been convicted of crime subsequently or certain criminal proceedings against you are pending. Plus, the court may not expunge some charges like the ones popping up from DUI probation
Maryland expunge criminal records when a person is not convicted of a criminal offense
Starting from 1st October 2018, certain convictions for the felonies listed below are qualified for being expunged in Maryland:
- Possessing a controlled substance
- Home invasion
- Theft and
In case a person has been convicted for committing a misdemeanor offense, his/her criminal record is qualified for expungement in the state. According to Maryland law, over one hundred misdemeanor crimes are eligible for criminal record expungement. These include second-degree assault, theft, drug possession, and prostitution. Interested people should wait for 10 years after they complete their sentence and prior to filing for their expungement. The exception is when he/she was convicted of a domestic violence criminal offense or 2nd-degree assault.
3. Crimes that are not regarded as criminal any more
In case a person was convicted for an offense, that is not regarded as a crime anymore, his/her record qualifies for expungement.
4. Minor nuisance criminal offenses
When a person is convicted of minor nuisance offenses like panhandling, urination, loitering, or alcohol consumption in public, he/she is qualified for expungement after completing a waiting period of 3 years.
Filing for criminal record expungement Maryland
According to the judiciary in Maryland, there is a comprehensive brochure known as Information About Removing Criminal Records from Public Access in Maryland. The brochure is helpful to ascertain whether your case qualifies for criminal record expungement or not. It also explains ways of filing a petition with an appropriate agency in Maryland.
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