FAQ: How To Get An Expungement In Maryland?

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How much does it cost to have your record expunged in Maryland?

The filing fee is $30 for eligible guilty dispositions and is nonrefundable, even if denied. The fee is for each case (not for each charge related within a unit of the case). If you cannot afford the fee, you may request that the court waive the filing fee.

What crimes can be expunged in Maryland?

If you were convicted of a misdemeanor, your criminal record might be eligible for expungement. Maryland’s law lists more than 100 misdemeanor offenses that qualify for expungement, including drug possession, prostitution, theft, and assault in the second degree.

How do I expunge my record in Maryland?

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. A filing fee of $30 may apply.

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Can you get a PBJ expunged in Maryland?

Under Criminal Procedure § 10-105(c)(2), a PBJ can only be expunged after probation is discharged or three (3) years after probation was granted, whichever date is later. The court will decide whether there is good cause to grant the expungement early.

How long does it take to expunge a record in Maryland?

Why does the expungement process take so long? Maryland expungement laws (Criminal Procedure §§ 10-101 to 10-110) set specific time requirements for the various phases of an expungement. The entire process will take approximately 90 days from the date of filing, but could take more time.

How can I clear my background check?

To remove an entry from your background report, read the report closely to see the exact problem and its source. You have the right to explain the issue to a prospective employer or landlord and to dispute any information contained in the background check.

Does expungement restore gun rights in Maryland?

After obtaining either expungement or a pardon document, the individual’s gun rights are fully restored and they are qualified to purchase a gun in Maryland.

Can you expunge traffic violations in Maryland?

The MVA says that it will automatically expunge a violation from a person’s driving record three years after a conviction, assuming the following criteria are met: You cannot have been convicted of another traffic violation or criminal offense in the past three years.

When can you expunge a felony in Maryland?

If your petition is based on a conviction of a felony that is a violation under Criminal Procedure Article § 10-110, you may file 15 or more years after you satisfy the sentence or sentences imposed for all convictions for which expungement is requested, including parole, probation, or mandatory supervision.

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Can you be charged but not convicted?

You may never be charged with a crime. You may be charged but the charges may later be dropped or dismissed. Finally, you may be charged, go to trial and be acquitted (found “ not guilty ”). In all of these situations, you have been arrested but not convicted.

Does criminal record clear?

Although convictions and cautions stay on the Police National Computer until you reach 100 years old (they are not deleted before then), they don’t always have to be disclosed. Many people don’t know the details of their record and it’s important to get this right before disclosing to employers.

Can a felon own a gun in Maryland?

As far as a person’s criminal history, any criminal conviction with regards to a felony offense prohibits the person from ever owning or possessing a firearm. The most common examples of felonies in the State of Maryland are murder, robbery, first-degree assault, and sexual assault.

Will PBJ show up on background check?

Because the judgment is not entered as “guilty,” a PBJ does not legally count as a conviction for a crime, and therefore the defendant is spared some hardships of having a criminal record, e.g. for purposes of job applications he or she does not have to disclose it as a conviction, though a full criminal background

How long does a PBJ last in Maryland?

Someone who gets a Probation Before Judgment, often called a PBJ, is placed on probation with that stricken guilty finding is hanging over their head for a period of time. The length of probation depends on the offense, and can be up to 3 years in District Court or 5 years in Circuit Court.

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