Updated on: 9:52 am

Maryland Expungement Lawyer Expunge Erase Criminal Record Attorney PBJ Dissmised

Updated on: 9:52 am

MARYLAND EXPUNGEMENT ATTORNEYS

Sometimes, you are wrongly charged with a criminal offense in Maryland and then the case is dismissed after a trial or dropped without the prosecution pursuing it any further. That is great news. Except now you have a Maryland criminal charge on your record regardless of the fact that you were never found to have done anything wrong. The only way to get rid of this black mark on your record is to have it expunged. Below, you will find some information about cleaning up your criminal record in Maryland. Once you read it and want the help of a Maryland expungement lawyer to get your record cleaned up, contact one of our Maryland expungement attorneys of SRIS, P.C. We have very experienced in assisting clients with Maryland expungements. Our Maryland expungement attorneys routinely go before the Courts of Maryland and petition the courts for expungements. We have offices in Rockville and Annapolis, Maryland. If you wish to consult a SRIS, P.C. Maryland expungement lawyer, please simply contact us. A Maryland expungement attorney of SRIS, P.C. will gladly consult with you regarding your matter. For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.

ANNAPOLIS, MARYLAND :
116 Defense Highway, Suite 502
Annapolis, Maryland 21401
Phone: (240) 399-0304

ROCKVILLE, MARYLAND :
One Research Court, Suite 450
Rockville, Maryland 20850
Phone: (240) 399-0304

To obtain a general overview of expungement laws, please click here

To learn more about the laws pertaining to expungement laws in Virginia or Massachusetts, please click on the state.

The following is the Criminal Procedures for obtaining an expungement in the State of Maryland. Click on any of the following laws to learn more about them.

  • What is an Expungement?
  • How do you get a charge expunged?
  • Expungement of police record when no charge is filed
  • Expungement of record after charge is filed
  • Expungement of criminal charge transferred to juvenile court
  • Expungement of driving record

EXPUNGEMENT LAWS

MD Code, Criminal Procedure, § 10-101 Definitions (top)

(d) “Expunge” means to remove information from public inspection in accordance with this subtitle.
(e) “Expungement” 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.

MD Code, Criminal Procedure, § 10-102. Scope (top)

(a) A police record or a court record may be expunged under this subtitle.
(b)(1) A court record or a police record that existed before July 1, 1975 , and is still maintained, may be expunged under this subtitle.
(2) A person who is entitled to the expungement of a court record or a police record that existed before July 1, 1975 , may use the procedures for expungement provided under this subtitle.
(3) The limitation periods provided in §§ 10-103 and 10-105 of this subtitle begin when the person becomes entitled to expungement of a court record or a police record that existed before July 1, 1975.
(4) The custodian of court records or police records that were made before July 1, 1975 , and that may be expunged under this subtitle:
(i) shall make a reasonable search for a record requested for expungement; but
(ii) need not expunge a court record or a police record that is not found after a reasonable search.
(c) This subtitle does not apply to:
(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.

MD Code, Criminal Procedure,§ 10-103. Expungement of police record when no charge is filed (top)

(a) A person who is arrested, detained, or confined by a law enforcement unit for the suspected commission of a crime and then is released without being charged with the commission of a crime may:
(1) give written notice of these facts to a law enforcement unit that the person believes may have a police record about the matter; and
(2) request the expungement of the police record.
(b)(1) Except as provided in paragraph (2) of this subsection, a person may not give notice under this subtitle before the statute of limitations expires for all tort claims that arise from the incident.
(2)(i) A person may give notice before the statute of limitations expires if the person attaches to the notice a written general waiver and release, in legal form, of all tort claims that the person has arising from the incident.
(ii) The notice and waiver are not subject to expungement.
(3) The law enforcement unit shall keep the notice and waiver at least until any applicable statute of limitations expires.
(4) The person shall give the notice within 8 years after the date of the incident.
(c)(1) On receipt of a timely filed notice, the law enforcement unit promptly shall investigate and try to verify the facts stated in the notice.
(2) If the law enforcement unit finds the facts are true, the law enforcement unit shall:
(i) search diligently for each police record about the arrest, detention, or confinement of the person;
(ii) expunge each police record it has about the arrest, detention, or confinement within 60 days after receipt of the notice; and
(iii) send a copy of the notice and the law enforcement unit’s verification of the facts in the notice to:
1. the Central Repository;
2. each booking facility or law enforcement unit that the law enforcement unit believes may have a police record about the arrest, detention, or confinement; and
3. the person requesting expungement.
(d) Within 30 days after receipt of the notice, the Central Repository, booking facility, and any other law enforcement unit shall search diligently for and expunge a police record about the arrest, detention, or confinement.
(e) If the law enforcement unit to which the person has sent notice finds that the person is not entitled to an expungementof the police record, the law enforcement unit, within 60 days after receipt of the notice, shall advise the person in writing of:
(1) the denial of the request for expungement;and
(2) the reasons for the denial.
(f)(1)(i) If a request by the person for expungement of a police record is denied under subsection (e) of this section, the person may apply for an order of expungementin the District Court that has proper venue against the law enforcement unit.
(ii) The person shall file the application within 30 days after the written notice of the denial is mailed or delivered to the person.
(2) After notice to the law enforcement unit, the court shall hold a hearing.
(3) If the court finds that the person is entitled to expungement, the court shall order the law enforcement unit to expungethe police record.
(4) If the court finds that the person is not entitled to expungementof the police record, the court shall deny the application.
(5)(i) The law enforcement unit is a party to the proceeding.
(ii) Each party to the proceeding is entitled to appellate review on the record, as provided in the Courts Article for appeals in civil cases from the District Court.

MD Code, Criminal Procedure, § 10-105. Expungement of record after charge is filed (top)

(a) 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, may file a petition listing relevant facts for expungement of a police record, court record, or other record maintained by the State or a political subdivision of the State 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 post pones 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; or
(8) the person:
(i) is convicted of only one criminal act, and that act is not a crime of violence; and
(ii) is granted a full and unconditional pardon by the Governor.
(b)(1) Except as provided in paragraphs (2) and (3) of this subsection, a person shall file a petition in the court in which the proceeding began.
(2) If the proceeding began in one court and was transferred to another court, the person shall file the petition in the court to which the proceeding was transferred.
(3)(i) If the proceeding in a court of original jurisdiction was appealed to a court exercising appellate jurisdiction, the person shall file the petition in the appellate court.
(ii) The appellate court may remand the matter to the court of original jurisdiction.
(c)(1) Except as provided in paragraph (2) of this subsection, 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.
(2) 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:
(i) the date the petitioner was discharged from probation or the requirements of obtaining drug or alcohol abuse treatment were completed; or
(ii) 3 years after the probation was granted or stet with the requirement of drug or alcohol abuse treatment was entered on the docket.
(3) 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.
(4) 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.
(5) Except as provided in paragraph (2) of this subsection, 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.
(6) A court may grant a petition for expungementat any time on a showing of good cause.
(d)(1) The court shall have a copy of a petition for expungementserved on the State’s Attorney.
(2) 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 expungementof all police records and court records about the charge.
(e)(1) If the State’s Attorney files a timely objection to the petition, the court shall hold a hearing.
(2) If the court at the hearing finds that the person is entitled to expungement, the court shall order the expungementof all police records and court records about the charge.
(3) If the court finds that the person is not entitled to expungement,the court shall deny the petition.
(4) The person is not entitled to expungementif:
(i) the petition is based on the entry of probation before judgment, a nolle prosequi, or a stet, including a nolle prosequi with the requirement of drug or alcohol treatment or a stet with the requirement of drug or alcohol abuse treatment, or the grant of a pardon by the Governor; and
(ii) the person:
1. since the full and unconditional pardon or entry, has been convicted of a crime other than a minor traffic violation; or
2. is a defendant in a pending criminal proceeding.
(f) Unless an order is stayed pending an appeal, within 60 days after entry of the order, every custodian of the police records and court records that are subject to the order of expungement shall advise in writing the court and the person who is seeking expungement of compliance with the order.
(g)(1) The State’s Attorney is a party to the proceeding.
(2) A party aggrieved by the decision of the court is entitled to appellate review as provided in the Courts Article

MD Code, Criminal Procedure, § 10-106 Expungement of criminal charge transferred to juvenile court (top)

(a) In this section, “delinquency petition” means a petition filed under § 3-8A-10 of the Courts Article alleging that a child is a delinquent child.
(b) A person may file a petition for expungement of a criminal charge transferred to the juvenile court under § 4-202 of this article:
(1) after the date of the decision not to file a delinquency petition; or
(2) after the decision on the delinquency petition of facts-not-sustained.
(c) The court may grant a petition for expungement to a person when the person becomes 21 years old, if a charge transferred under § 4-202 of this article resulted in the adjudication of the person as a delinquent child.
(d) A court shall grant a petition for expungement of a criminal charge that was transferred to the juvenile court under § 4-202 of this article, if:
(1) the charge that was transferred under § 4-202 of this article did not result in the filing of a delinquency petition; or
(2) the decision on the delinquency petition was that there was a finding of facts-not-sustained.

MD Code, Transportation, § 16-117.1. Expungement of driving record (top)

(a) In this section, “criminal offense” does not include any violation of the Maryland Vehicle Law.
(b) Except as provided in subsection (c) of this section and in Subtitle 8 of this title, if a licensee applies for the expungement of the licensee’s public driving record, the Administration shall expungethe record if, at the time of application:
(1) The licensee does not have charges pending for allegedly committing a moving violation or a criminal offense involving a motor vehicle; and
(2)(i) The licensee has not been convicted of a moving violation or a criminal offense involving a motor vehicle for the preceding 3 years, and the licensee’s license never has been suspended or revoked;
(ii) The licensee has not been convicted of a moving violation or a criminal offense involving a motor vehicle for the preceding 5 years, and the licensee’s record shows not more than one suspension and no revocations; or
(iii) Within the preceding 10 years:
1. The licensee has not been convicted of nor been granted probation before judgment for a violation of § 20-102 or § 21-902 of this article;
2. The licensee’s driving record shows no convictions from another jurisdiction of a moving violation identical or substantially similar to § 20-102 or § 21-902 of this article; and
3. The licensee has not been convicted of any other moving violation or criminal offense involving a motor vehicle, regardless of the number of suspensions or revocations.
(c) The Administration may refuse to expunge a driving record if it determines that the individual requesting the expungementhas not driven a motor vehicle on the highways during the particular conviction-free period on which the request is based.
(d) The Administration shall expungefrom its driver record data base the driving record of an individual or a probation before judgment disposition of an individual:
(1) Who has not been convicted of a moving violation or criminal offense involving a motor vehicle for the preceding 3 years;
(2) Who has not been convicted of, or been granted probation before judgment for:
(i) A violation of § 20-102 of this article;
(ii) A violation of § 21-902 of this article; or
(iii) A moving violation identical or substantially similar to § 20-102 or § 21-902 of this article; and
(3) Whose license or privilege to drive never has been suspended or revoked.

Our Maryland expungement attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.

For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.

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