Help With Criminal Record Expungement - Backgroundchecks ...

Published Aug 25, 22
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Expungement - Maryland Courts



Maryland specifies which misdemeanors are eligible for expungement. You should speak with our experienced Maryland expungement attorney to determine if you are permitted to petition the court for your particular charge. As with a nuisance crime, there is a waiting period, but, you must wait ten years to file for an expungement in the case of a misdemeanor.

The time is from the date you completed your sentence, not the date of disposition. If you were convicted of a felony, the waiting period is also fifteen years. Every felony conviction is not eligible for expungement. Maryland law also specifically lists every felony charge that is eligible for expungement.

In some cases, you could receive probation before judgment (PBJ). If you receive PBJ, the judge will strike a finding of guilt in order to sentence you without having a conviction entered. This is at the judge’s discretion. While you could still be sentenced to three to five years of probation, you will only have to wait three years from completing your sentence to petition the court for expungement.

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If either of these occurs, you are entitled to have the charges expunged. If you file a General Waiver, releasing the arresting authority of all liability, you could file a motion immediately. If you do not file the waiver, you are required to wait three years. Call Our Maryland Expungement Attorney if You Are Worried About a Background Check, We all make mistakes in life.

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Your record will show the arrest or citation even if: Your case was dismissed; or You were acquitted (found not guilty); or Probation Before Judgment was entered; or A Nolle Prosequi was entered in your case (This occurs when the prosecutor decides to drop the case either before or during trial.

There are exceptions. Learn more about which records can be expunged and which cannot. Are there situations where you CANNOT file for expungement? Yes, there are certain cases where you generally cannot get records expunged. If you received a PBJ, and you were later convicted of a new crime within 3 years of the PBJ, you cannot get the PBJ case expunged.

For example, a person might be charged with three separate offenses based on the same incident. The person might be convicted of one of the three charges, and have the other two charges dropped - background check removal service. If the conviction is not expungeable, the person will not be able to expunge the records from the two charges that were dropped either.

Code, Criminal Procedure § 10-103 and § 10-103. 1 What do I have to do to get an expungement? Generally, you fill out a Petition for Expungement of Records and file it with the court that heard your case. If it has been less than three years from the time your case was concluded, you will also need to file a General Waiver and Release.

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This filing fee is not refundable. Learn more about how to file a petition for expungement. How long do I have to wait to file a petition for expungement? Generally, you must wait after your case was decided before you can file for expungement, but the rules vary based on the results of your case: If you were acquitted, received a nolle prosequi, or a dismissal of the charges, you may file earlier if you also file 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, you file earlier than 3 years after the judgment. If you were pardoned by the governor, you must wait at least 5 years but not more than 10 years after your pardon. To file for an expungement based on a finding of Not Criminally Responsible, you must wait until 3 years have passed since the finding.

Depending on the conviction, you request an expungement 10 or 15 years after the guilty conviction or the satisfactory completion of the sentence, including probation, whichever is later. If you were found guilty of a crime that is no longer a crime, you may request an expungement immediately. Prior convictions for possession of marijuana can be expunged immediately, but the amount you were convicted of possessing must be less than.

You must wait to expunge a case until every charge in that case is expungable. For instance if you received 3 nolle prosequi’s and one Stet, you must wait 3 years because the stet requires a minimum waiting time of 3 years. In all above cases, however, a court may grant a petition for expungement at any time if the court feels you have shown good cause.

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You will then have the opportunity to show why you have good cause at a hearing. Read the Law: Md. Code, Criminal Procedure § 10-105 What happens after I file the petition? After you have filed for expungement and the court has given a copy of the filing to the State’s Attorney, the State’s Attorney has 30 days to file an objection to your petition.

It is important that you personally keep copies of all of the documents and papers relating to the expungement process, including a copy of your case file. There may be times in the future when you need to be able to explain what happened with your expungement, and it can be very difficult to prove what happened once court and police records have been expunged.

It should be noted if you have an older case or a very new case, the website may not reflect your entire criminal record. To get your complete criminal record, follow the instructions above to get your record from CJIS. Can I expunge my Motor Vehicle Administration driver record? The MVA automatically expunges eligible driving records.

Learn more about expunging a driver record. Can I remove my DNA sample from the Statewide Database? If your DNA was taken as part of the arrest you are trying to expunge, you may wish to include a request on your form for your DNA record to be expunged as well.

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Learn more about how pardons work. What is the difference between expungement and shielding records? Shielding is different from expungement. In some cases, shielding gives less protection than expungement, because it leaves your records accessible by certain people. However, several types of convictions can be shielded even though they cannot be expunged.

When you send the OSBI your Petition for Expungement or an Order of Dismissal and/or Expungement you should include the following information in order to successfully complete your expungement: The OSBI needs to know your name, social security number, date of birth, the crimes that you were charged with, the date of your arrest, and the disposition (end result) of your arrest and/or charges in court (background check removal).

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Frequently Asked Questions: Information obtained through this site may be incomplete or inaccurate for several reasons: Searches based on names and dates of birth are not always accurate. It is common for arrested persons to attempt to avoid detection by using a name and or date of birth other than their own.

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