Few experiences in life are as debilitating as sustaining a conviction for a crime, because having a criminal record can bring about various long-term burdens on your life. You are most likely looking to do everything in your power to have your conviction cleared, or expunged, from your record if this has happened to you. It is fortunate that many crimes do qualify for expungement in the state of Maryland. For more information on whether you can have your record expunged, please continue reading, then contact an experienced Maryland criminal defense lawyer today. Here are some questions you may have:
In essence, when you have a criminal record expunged, it means that the public can’t view your crime. Only certain agencies, such as the FBI or ICE, have the ability to view your criminal record. Even so, only certain criminal records are eligible for expungement in Maryland. In Maryland, you may only have your record expunged if you:
- Received probation before judgment, except for DUI cases and certain sex offense cases
- Received a stet
- Had your case dismissed, i.e. nolle prosequi
- Never went to trial
- Received a pardon from the governor
- Committed a crime that was listed in Md. Code, Criminal Procedure §10-105(a)(9)
- Sustained a conviction for a crime that the state no longer considers a crime
Please note that those who are currently facing additional criminal charges may not be eligible for expungement until they have resolved their current charges. Additionally, if you get a subsequent conviction to the case you want expunged, you will be denied.
In Maryland, as long as you qualify, you may have your record expunged three years after the date of a stet, or entry of probation before judgment. You may request to have your record expunged within ten years of the date of conviction if you sustained a conviction for a misdemeanor listed in Md. Code, Criminal Procedure §10-110. Further, if you were convicted of marijuana possession charges, you may have your record expunged after four years. In other cases, you may have your record expunged after fifteen years if you were convicted of assault or another criminal listed in Md. Code, Criminal Procedure §6-233. Lastly, those who had their cases dismissed or were found not guilty may receive an immediate expungement, so long as you sign a general waiver and release stating that you will not file suit against the arresting police officer or complaining witness.
Please do not hesitate to speak with someone from our knowledgeable firm if you have any further questions.
If you have been charged with a crime or injured by another party’s negligence, contact the Law Offices of Debra A. Saltz today.