A Guide to Maryland Expungement Laws

A Guide to Maryland Expungement Laws

The Maryland expungement laws are some of the most complicated and difficult to understand. The difficulty of the law and the procedure for getting an expungement in Maryland is why it is so important to hire an expungement lawyer to handle the paperwork and process. MarylandExpungement.com is an online expungement service in Maryland owned and operated by a Maryland Expungement lawyer, Randolph Rice.

Maryland Expungement Laws Information

What is Expungement

Expungement is the removal of records from public inspection. In Maryland, records can be expunged from:

  1. Motor Vehicle Administration files
  2. Police Records
  3. Court files
  4. Jail and detention center files
  5. State’s Attorney’s files
  6. Police files
  7. Maryland Judiciary Case Search
  8. Other applicable governmental agencies

Expungement as defined by the law is “with respect to a court record or a police record means removal from public inspection: (1) by obliteration; (2) by removal to a separate secure area to which persons who do not have a legitimate reason for access are denied access; or (3) if access to a court record or police record can be obtained only by reference to another court record or police record, by the expungement of it or the part of it that provides access.

Maryland Expungement Laws – Maryland Expungement Lawyer

The Maryland Expungement laws can be found in Criminal Procedure 10-101 through 10-110. For individuals that want to expunge their criminal record, they can use MarylandExpungement.com. The process is easy and confidential and done online. An individual looking to have their criminal record expunge only needs to complete the Free Eligibility Test and if eligible, make a one time flat fee payment.

Once payment is received, the expungement lawyers with MarylandExpungement.com will complete an exhaustive search of that person’s record. Finding each and every case that can be expunged. Once that process is completed, all court documents will be sent to the individual. Just review, sign, date and return to MarylandExpungement.com in the postage paid envelope and they’ll take care of the rest. They even pay the Court filing fees, it’s that easy.

What Type of Records Cannot Be Expunged

There are some things that the Maryland Expungement laws (CJ 10-102) cannot be expunged, those include:

  1. a record about a minor traffic violation;
  2. the published opinion of a court;
  3. a cash receipt or disbursement record that is necessary for audit purposes;
  4. a transcript of court proceedings made by a court reporter in a multiple defendant case;
  5. an investigatory file; or
  6. a record of the work product of a law enforcement unit that is used solely for police investigation.

What Happens iF the Case Is Nolle Prosequi Before I am Served

According to Maryland Expungement laws, a charge in the District Court can be expunged if a Defendant is not served. The Maryland expungement laws state:
Unless the State objects and shows cause why a record should not be expunged, if the State enters a nolle prosequi as to all charges in a criminal case within the jurisdiction of the District Court with which a defendant has not been served, the District Court may order expungement of each court record, police record, or other record that the State or a political subdivision of the State keeps as to the charges. In addition, the District Court may not assess any costs against a defendant for a proceeding under subsection (a) of this section.

What Types of Charges Are Eligible for Expungement

A person who has been charged with the commission of a crime, including a violation of the Transportation Article for which a term of imprisonment may be imposed, or who has been charged with a civil offense or infraction, except a juvenile offense, as a substitute for a criminal charge. The Maryland expungement laws do not allow for expungement of minor traffic. Minor traffic is defined as traffic citations that do not carry the penalty of incarceration.

Expungement: When and What Can Be Expunged

Section 10-105 of the Maryland Expungement Laws contains the bulk of what and when can an expungement be filed in Maryland. That section states:
A person is eligible for expungement if:
  1. the person is acquitted;
  2. the charge is otherwise dismissed;
  3. a probation before judgment is entered, unless the person is charged with a violation of §21–902 of the Transportation Article or Title 2, Subtitle 5 or § 3–211 of the Criminal Law Article;
  4. a nolle prosequi or nolle prosequi with the requirement of drug or alcohol treatment is entered;
  5. the court indefinitely postpones trial of a criminal charge by marking the criminal charge “stet” or stet with the requirement of drug or alcohol abuse treatment on the docket;
  6. the case is compromised under § 3–207 of the Criminal Law Article;
  7. the charge was transferred to the juvenile court under § 4–202 of this article;
  8. the person: is convicted of only one criminal act, and that act is not a crime of violence; and is granted a full and unconditional pardon by the Governor;
  9. the person was convicted of a crime or found not criminally responsible under any State or local law that prohibits:
    1. urination or defecation in a public place;
    2. panhandling or soliciting money;
    3. drinking an alcoholic beverage in a public place;
    4. obstructing the free passage of another in a public place or a public conveyance;
    5. sleeping on or in park structures, such as benches or doorways;
    6. loitering;
    7. vagrancy;
    8. riding a transit vehicle without paying the applicable fare or exhibiting proof of payment; or
    9. except for carrying or possessing an explosive, acid, concealed weapon, or other dangerous article as provided in §7–705(b)(6) of the Transportation Article, any of the acts specified in § 7–705 of the Transportation Article;
  10. the person was found not criminally responsible under any State or local law that prohibits misdemeanor:
    1. trespass;
    2. disturbing the peace; or
    3. telephone misuse; or
  11. the person was convicted of a crime and the act on which the conviction was based is no longer a crime.

When to File an Expungement

A petition for expungement based on an acquittal, a nolle prosequi, or a dismissal may not be filed within 3 years after the disposition, unless the petitioner files with the petition a written general waiver and release of all the petitioner’s tort claims arising from the charge.
A petition for expungement based on a probation before judgment or a stet with the requirement of drug or alcohol abuse treatment may not be filed earlier than the later of
  1. the date the petitioner was discharged from probation or the requirements of obtaining drug or alcohol abuse treatment were completed; or
  2. 3 years after the probation was granted or stet with the requirement of drug or alcohol abuse treatment was entered on the docket.
A petition for expungement based on a nolle prosequi with the requirement of drug or alcohol treatment may not be filed until the completion of the required treatment.

Expungement of a Pardon in Maryland

A petition for expungement based on a full and unconditional pardon by the Governor may not be filed later than 10 years after the pardon was signed by the Governor.

Expungement of a Stet in Maryland

A petition for expungement based on a stet or a compromise under § 3–207 of the Criminal Law Article may not be filed within 3 years after the stet or compromise.

Expungement of Nuisance Crimes

A petition for expungement based on the conviction of a nuisance crime may not be filed within 3 years after the conviction or satisfactory completion of the sentence, including probation, that was imposed for the conviction, whichever is later.

What Happens if the State Objects to the Expungement

Unless the State’s Attorney files an objection to the petition for expungement within 30 days after the petition is served, the court shall pass an order requiring the expungement of all police records and court records about the charge.
If the State’s Attorney files a timely objection to the petition, the court shall hold a hearing. If the court at the hearing finds that the person is entitled to expungement, the court shall order the expungement of all police records and court records about the charge. If the court finds that the person is not entitled to expungement, the court shall deny the petition.

Why Would I Not Get an Expungement?

A person is not entitled to expungement if the expungement is based on the entry of probation before judgment, except a probation before judgment for a crime where the act on which the conviction is based is no longer a crime, and the person within 3 years of the entry of the probation before judgment has been convicted of a crime other than a minor traffic violation or a crime where the act on which the conviction is based is no longer a crime or the person is a defendant in a pending criminal proceeding.
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