The law in Maryland has changed regarding the expungement of a guilty assault charge under Maryland Criminal Procedure 10-110. We can now expunge assault charges in Maryland!
Passed by the General Assembly under the Justice Reinvestment Act and signed by Governor Larry Hogan on May 19, 2016.
Assault and assault and battery charges where the defendant was found guilty are now eligible for expungement starting October 1st, 2017.
Click here to Expunge Your Record Online with MarylandExpungement.com
How to Expunge a Guilty Assault Charge in Maryland
To expunge a charge of second-degree assault or assault and battery where you were found guilty click here to start the process with MarylandExpungement.com.
Maryland expungement is an online expungement service offered by attorney Randolph Rice.
For a flat fee, Maryland Expungement will file all the necessary paperwork and pay the filing fees to remove criminal records in Maryland.
That now includes the new laws starting October 1st, 2017, with the new expungement laws, assault and assault and battery can now be expunged in Maryland.
Expungement Process for Assault Charges in Maryland
MarylandExpungement.com is now able to have prior convictions for second-degree assault or any related charges removed from your record. Even if you were found guilty!
The new law that goes into effect October 1, 2017 states that a person may have their record expunged, including police records, court records, or other records maintained by the state or political subdivision of the state if the person is convicted of a misdemeanor that is a violation of Maryland Criminal Law 3-203 or similar charges under previous versions of the law.
This means, if you were found guilty of second-degree assault, you may be eligible to have your record expunged.
Deadline for Assault and Domestic Violence Crime Expungement
Under the new laws, the petition for expungement may not be filed earlier than 15 years after the individual satisfies the sentence or sentences and posed for all convictions for which expungement is requested, including parole, probation, or mandatory supervision.
However, a petition to expunge a violation of 3- 203 (Assault in Maryland) of the Criminal Law articles may not be filed earlier than 15 years after the person satisfies the sentence or sentences and posed for all convictions for which expungement is requested including parole probation, or mandatory supervision if the incident was domestically related.
Domestic Violence Related Crimes
Domestically related crimes are defined under Criminal Procedure 6-233. A domestically related crime is defined as a crime committed by a defendant against a victim who is a person eligible for relief, as defined in section Family Law Article 4-501, or who had a sexual relationship with the defendant within 12 months before the commission of the crime.
According to the Maryland Family Law Article 4-501, domestically related include:
- The current or former spouse of the defendant,
- A cohabitant of the defendant
- A person related to the defendant by blood, marriage, or adoption
- A parent, step-parent, child or stepchild of the defendant or the person eligible resigns or resided with the defendant or that person for at least 90 days within the year before the incident
- A vulnerable adult
- An individual who has a child in common with the defendant
- An individual who has had a sexual relationship with the defendant within one year before the incident.
If the victim of the prior assault falls into one of the categories above, then the matter would be classified as domestically related and the petition could be filed no earlier than 15 years after the defendant satisfies the sentence or sentences imposed for the conviction, including parole, probation or mandatory supervision.
Other Conditions for Assault Expungement in Maryland
Other conditions for expungement of an assault enter in addition to the above rules, if the person seeking an expungement was convicted of a new crime after the conviction for the assault, the original conviction of assault is not eligible for expungement unless the new conviction is eligible or becomes eligible for expungement.
You should consult the Maryland expungement lawyers with MarylandExpungement.com to determine if you are eligible under these rules.
In addition, and individuals not eligible to expunge a guilty assault charge if they’re currently pending criminal charges.
A person is not eligible for expungement of an assault charge if there are other charges out of the same case that is not eligible under the current expungement rules or the new rules starting October 1st, 2017.
Expunge Assault Charges in Maryland with Help From Our Attorneys
If you were convicted of assault 10 years ago, or 15 years ago if it was domestically related, then you are now eligible for an expungement of that record.
Click here to begin the process of expunging a second-degree assault or prior assault and battery charge in Maryland.
Maryland Expungement is an online expungement service operated and owned by attorney Randolph Rice. Mr. Rice is a former prosecutor, a Baltimore car accident lawyer, and a current criminal defense attorney who represents individuals charged with crimes throughout Maryland.
Post a comment
You must be logged in to post a comment.