In Maryland, expungement is the legal process of removing certain criminal charges from an individual’s public record. Here’s how it works:
Eligibility for Expungement
- Types of Charges:
– Charges that were dismissed.
– Charges resulting in a not guilty verdict.
– Certain convictions (after a waiting period) may be eligible, such as minor offenses.
- Waiting Period:
– For misdemeanors, you typically need to wait three years after the completion of your sentence, including parole and probation.
– For felonies, the waiting period can be longer, depending on the nature of the conviction.
- Specific Exclusions:
– Certain serious offenses, such as violent crimes and sexual offenses, are generally not eligible for expungement.
The Expungement Process
- File a Petition:
– The process begins with filing a petition for expungement in the appropriate circuit court or district court, depending on the nature of the case.
- Notice to State’s Attorney:
– The court will notify the State’s Attorney’s Office, which can contest the expungement.
- Hearing (if necessary):
– If there is an objection, a hearing may be scheduled where the defendant can present their case for expungement.
- Court Decision:
– The court will review the petition and decide whether to grant or deny the expungement.
- Record Sealing:
– If granted, the records will be sealed, meaning they are no longer accessible to the public, and the individual can legally deny the existence of the charges.
Impact of Expungement
– Access to Records: Once expunged, the charges will not appear in background checks, improving employment and housing opportunities.
– Legal Protections**: Individuals can legally state that they have not been convicted of the expunged offenses.
Important Considerations
– Time Frame: The process can take several months, depending on the court’s schedule and any objections.
– Multiple Petitions: Separate petitions may be needed for different cases or charges.
Consulting with a legal professional can help navigate the expungement process effectively and ensure eligibility.