We get asked every day whether a specific crime can be expunged from a person’s record. There are several factors that go into determining whether a crime or citation is eligible for an expungement. Last year, Maryland expanded the types of things that were eligible for expungement. For example, acts that were once considered a crime, but are no longer treated that way are eligible for expungement. What has not changed are the following outcomes, which are still expungable:
· Charges that have been dismissed
· Stetted (an indefinite postponement)
· Nolle prossed (State’s Attorney decides not to prosecute the charge)
· Found not guilty
· Probation Before Judgment (PBJ) (Note: If you received a PBJ for an alcohol-related traffic offense, that is not eligible for expungement)
The next question we always get is when can I file for expungement?
· Charges that have been dismissed, nolle prossed, or were acquitted (found not guilty) are eligible to be expunged right away once a general release and waiver of any and all people against whom you may have a legal claim as a result of your arrest
· If your case was placed on the stet docket or you were found guilty of one of the expungable crimes, you must wait 3 years from the date of the Court’s disposition to file for expungement
· If you received a PBJ for something other than an alcohol-related traffic offense, you are eligible to file for expungement after 3 years from the Court’s disposition or at the end of the probationary period, whichever is longer
How do I file for expungement?
· There is an application that must be completed and sent to Court
· Any district or circuit court has forms available, or you may access the form online at www.courts.state.md.us
· There is a $30 filing fee that is submitted to the clerk
If you have questions about expungement in Maryland call us today to speak to one our experienced Maryland criminal defense attorneys or if you would like more information please feel free to contact our office at (301) 854-9000 and schedule an appointment at our office in Baltimore or throughout Maryland, or visit us on the web at http://www.portnerandshure.com/Maryland-Criminal-Defense/