FAQ: What Charges Can Be Expunged In Maryland?

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What felonies can be expunged in Maryland?

Effective 10/1/18, the following felony convictions may be expunged:

  • Felony Theft (Criminal Law Article § 7-104) (CJIS 1-1134, 1-1135, 1-1136);
  • Possession with intent to distribute or dispense a controlled dangerous substance (Criminal Law Article § 5-602(2) (CJIS 1-1119); and.

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.

How long before you can get a felony expunged in Maryland?

To file for an expungement based on a finding of Not Criminally Responsible, you must wait until 3 years have passed since the finding. If you were found guilty of one of the expungeable crimes, you must wait 3 years. Certain convictions can be expunged.

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Can a PBJ be 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.

What Cannot be expunged in Maryland?

Your case will not qualify for expungement if you have subsequent criminal convictions or if there are criminal proceedings pending against you. In addition, certain charges—including charges resulting from DUI probation— may not be expunged. ( Maryland Code, Criminal Procedure § 10-105 (2018).)

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.

How do I expunge my criminal record in Maryland?

In Maryland, records may be expunged from 1) Motor Vehicle Administration files, 2) police files and 3) court and police files. Each process removes very specific files and must be done through the proper agency. You must apply for expungement of each arrest based on the date of arrest and according to the disposition.

How long does a peace order stay on your record in Maryland?

If the court issues a final peace or protective order, how long does it stay on your record? If you contest either one and lose, the record of the entry of order stays forever.

How much does expunging a record cost?

Many states charge $150 or less to apply for expungement, the legal term for clearing a criminal record, and some states offer a waiver if the applicant is too poor to pay.

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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.

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.

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

Is probation before Judgement a conviction in Maryland?

Probation Before Judgment (“ PBJ ”) was created to prevent “first offenders” from having a criminal record. Case law considers Probation Before Judgment “not a conviction ”. Maryland’s statutes also refer to Probation Before Judgment as a stay of judgment or that the proceedings were deferred.

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.

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