Can I have a Conviction Expunged in Maryland?

Until quite recently, the answer to that question was a resounding “no” except for some very minor crimes more akin to municipal offenses [ e.g. public urination]. Last fall, some sweeping changes were made that may give new lease life to, or at least greatly enhance the employment prospects of, those with a distant criminal past. The language of new statue recites that expungement is mandatory in the absence of a timely filed objection to it. Maryland law now allows for the expungement of conviction of the following crimes, among others:

  • § 3–203 of the Criminal Law Article [second degree assault];
  • § 5–601, § 5–618, § 5–619, § 5–620 of the Criminal Law Article [CDS and paraphernaliaCan I have a Conviction Expunged in Maryland? - Attorney Blog Baltimore MD - Criminal Defense, Personal Injury Lawyer - Eric T. Kirk - baltimore_premises_liability_lawyer related crimes];
  • § 6–105 of the Criminal Law Article;
  • § 7–104 of the Criminal Law Article [simple theft];
  • § 8–103 of the Criminal Law Article [bad check];
  • § 10–110 of the Criminal Law Article [some littering offenses];
  • § 11–306(a) of the Criminal Law Article [prostitution];
  • § 12–102 of the Criminal Law Article [betting and wagering];

Source: Section 10-110 of the Criminal Procedure Article.

With respect to all of the listed offense [ and some others], save two, “a petition for expungement may not be filed earlier than 10 years after the person satisfies the sentence or sentences imposed for all convictions for Can I have a Conviction Expunged in Maryland? - Attorney Blog Baltimore MD - Criminal Defense, Personal Injury Lawyer - Eric T. Kirk - baltimore_maryland_car_accident_attorney which expungement is requested, including parole, probation, or mandatory supervision” Id. A petition for expungement for an assault [§ 3–203 ] “or for an offense classified as a domestically related crime under § 6–233 of the Criminal Procedure Article may not be filed earlier than 15 years after the person satisfies the sentence or sentences imposed for all convictions for which expungement is requested, including parole, probation, or mandatory supervision.” Id.

There are some additional requirements:

  • If the petitioner has pending charges, they will not receive an expungement.
  • If the petitioner is again convicted of a listed crime during the waiting period, he or she may not receive an expungement until the more recent conviction becomes eligible for expungement.
  • If a petitioner is convicted of two or more crimes arising from the same transaction or occurrence, some of which may be expunged, some of which may not, they will not receive an expungement.

I extend a no-cost, no-obligation case analysis and personal, confidential conference and strategy session to all prospective clients. If you have been accused of a crime, it is vital that you act quickly to safeguard your freedom. Contact me today. 410 591 2835, or simply complete the online form at the bottom of the page.  

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