Maryland Expungement of Criminal Records

 

If you are arrested and charged with a crime in the state of Maryland, it can feel like the worst possible thing that could happen. You’ll probably feel scared, embarrassed, and possibly even angry while you wait to figure out what might happen to you. Should you get a lawyer? Will you have to go to court? What will your punishment be if you are found guilty? Chances are you aren’t even thinking about the fact that you will now have a criminal record, and how that can negatively impact you for the rest of your life – even if you are acquitted or the case against you is dropped.

 

Whatever the outcome of your case, simply being arrested means that a criminal record has been created for you saying that you were charged. This may not seem that important, but you might be surprised. Every time someone does a background check on you, they will discover your criminal record with the information saying you were arrested and charged. And because the people most often looking into your background are potential employers, landlords, credit card companies, banks, and professional licensing organizations, you can see how them learning this information about you might make your life more difficult if they refuse you service or decide to go with another candidate.

 

Because of the problem this can pose to individuals attempting to get a fresh start on their life, a legal process called expungement is available to some people who have been charged with certain crimes that enables them to erase their criminal records so that they will no longer be accessible by the public or law enforcement agencies. Each state handles the expungement process differently, and some have even decided not to allow it at all, but thankfully Maryland is not one of those states.

 

How does expungement work in Maryland?

 

If you are deemed eligible for expungement and your petition to erase your records is accepted, you should know that the records won’t literally be erased or destroyed. Rather, the files will remain intact but be sealed away so that no one can see them except under specific circumstances for which they must receive a court order approving the access.

 

There are three reasons why the court could grant access to an individual or group to look into your sealed criminal history:

 

• if you decide to run for public office
• if you decide to apply to join the United States armed forces
• if the information in your sealed history is required for a court trial

 

For the last reason, it should be noted that just because a record is sealed away, that does not mean that it disappears, or that it doesn’t count as far as the court is concerned. If, after your arrest and charge are sealed away, you are later charged with another crime, the expunged file can be considered as a prior offense, which would mean harsher punishments for you if you are found guilty.

 

Who is eligible for Maryland expungement?

 

Even though expungement is allowed both by the federal government of the United States and by the state of Maryland, it is not considered a legal right for all citizens, but rather a privilege that can be given to individuals the deciding body deems deserving. Because of this, Maryland only allows certain people to even apply for expungement. These individuals include:

 

• anyone who has been acquitted of a crime
• anyone whose charge was dismissed
• anyone who has probation before a judgment was entered
• in some cases, anyone who has a nolle prosequi entered
• anyone with criminal charges marked as stet
• anyone charged with assault that was dismissed in pre-trial
• anyone whose case was transferred to the juvenile court

 

It is also possible for someone to be eligible for expungement if they have been convicted of only one criminal act, so long as that act was not a violent crime, and for those for whom the Governor of Maryland grants a full and unconditional pardon.

 

And the final situation where expungement can apply is for court records created before July 1, 1975 which are still being maintained. This does not apply, however, for minor traffic violation records, disbursement, or cash receipt records needed for the purpose of auditing, transcripts of court proceedings in a case with multiple defendants that were made by a court reporter, the published opinion of the court, investigatory files, or a record of work produced by law enforcement units and solely used for police investigation.

 

Court Ordering in Maryland

 

If certain subsections allow a law enforcement unit to deny an expungement request of police records, it is possible for the person seeking expungement to then apply for an expungement order in the District Court against the law enforcement unit.

 

The application for this petition must be filed within thirty days of the written notice of denial from the law enforcement unit being mailed or delivered. After the unit has been made aware of the application, a hearing will begin.

 

One of two things will then occur. If it is decided by the court that the individual is in fact entitled to expungement, they will order the law enforcement unit to expunge the police records. If, however, the court finds that the application from the individual does not allow for expungement, they will deny the application. Each of the parties involved may receive an appellate review of the record if desired. The individual receiving expungement will not have to pay to have his or her records expunged so long as there is a waiver.