Expungements

MARYLAND SECOND CHANCE ACT

Three new laws were enacted in 2015 which significantly help criminal defendants clean up their records.  Even if you were previously ineligible for expungement, YOU MIGHT NOW BE ABLE TO CLEAN YOUR CRIMINAL RECORD.

SOME MARIJUANA / PARAPHERNALIA CONVICTIONS MAY NOW BE EXPUNGED

DON’T DELAY, CONTACT US IMMEDIATELY TO BEGIN CLEANING UP YOUR RECORD

A LATER CONVICTION NO LONGER STOPS SOME EXPUNGEMENTS

EVEN SOME CONVICTIONS CAN BE EXPUNGED

(9)   the person was convicted of a crime or found not criminally responsible under any State or local law that prohibits:
(i)   urination or defecation in a public place;
(ii)   panhandling or soliciting money;
(iii)   drinking an alcoholic beverage in a public place;
(iv)   obstructing the free passage of another in a public place or a public conveyance;
(v)   sleeping on or in park structures, such as benches or doorways;
(vi)   loitering;
(vii)   vagrancy;
(viii)   riding a transit vehicle without paying the applicable fare or exhibiting proof of payment; or
(ix)   except for carrying or possessing an explosive, acid, concealed weapon, or other dangerous article as provided in § 7–705(b)(6) of the Transportation Article, any of the acts specified in § 7–705 of the Transportation Article.

 

HB124 /SB651
Criminal Procedure – Expungement – Conviction of a Crime That Is No Longer a Crime
Authorizing a person to file a petition for expungement if the person was convicted of a crime and the act on which the conviction was based is no longer a crime.
Prior marijuana and paraphernalia convictions may now be expunged.

 

HB244 / SB526

Maryland Second Chance Act of 2015
Authorizing a person to petition the court to shield court records and police records relating to shieldable convictions no earlier than 3 years after the person satisfies the sentence or sentences imposed for all convictions for which shielding is requested; providing that, if a person is convicted of a new crime during a specified time period, the original conviction or convictions are not eligible for shielding unless the new conviction becomes eligible for shielding; providing that shielded records remain accessible to specified entities; etc.
Shieldable convictions are:
1. Disorderly conduct
2. Disturbing the peace
3. Fail to obey r’ble order
4. MDOP under
5. Trespass
6. Simple possession CDS 5-601
7. Simple possession non-controlled substance 5-618
8. Paraphernalia 5-619(c)(1)
9. DWL
10. DWS
11. DW uninsured
12. Prostitution
But not domestically related crimes
Eligible if 3 years from end of sentence including probation and no new crimes, can’t shield part of cases if other crimes ineligible. SA can object. Victims get notified. Court “may grant” for good cause. Records are taken off of case search, but certain agencies and employers and boards and persons can still access.

HB304 / SB652
Criminal Procedure – Expungement of Records
Repealing a provision of law that provides that a person is not entitled to expungement of the person’s record if the petition for expungement is based on a specified case disposition other than an entry of a probation before judgment within 3 years and the person, since the disposition, has been convicted of a crime other than a minor traffic violation; providing that a person is not entitled to expungement of the person’s record if the person is a defendant in a pending criminal proceeding; etc.
Nolle Prosequi’s, Stets and Pardons are now always expungeable, even if the Defendant gets new charges after original expungeable offense. PBJs are only not expungeable if new crime is charged within 3 years of the PBJ entry