Dealing with a criminal record can feel like the end of the world in some cases, affecting everything from employment opportunities to work to personal relationships. Fortunately, Maryland offers a legal avenue to help you start fresh: expungement.
This allows individuals to clear certain offenses from their public records, meaning their arrest and conviction won’t show up when someone runs a background check on them. Law enforcement and some other governmental agencies can still see your record, but expungement provides significant advantages to those with criminal records.
Call our law office today at (301) 355-3408 to schedule a free consultation with one of our Alpert Schreyer Criminal Defense Attorneys.
Expungement Eligibility in Maryland
Clearing a criminal record through expungement can significantly improve your chances of securing employment, housing, and other opportunities in Maryland. Understanding the eligibility criteria is crucial to navigating this legal process successfully. Below are the eligibility requirements for expunging a record in Maryland.
Charge Dismissed or You Were Acquitted
If your case was dismissed or you were acquitted (found not guilty), you are generally eligible for expungement without any waiting periods.
You Were Given Probation Before Judgment (PBJ)
In Maryland, most cases that result in Probation Before Judgment (PBJ) are eligible for expungement after a specified waiting period. PBJ allows defendants to avoid a formal conviction on their record if they comply with probation terms.
Typically, you must wait three years from the date the PBJ was granted before applying for expungement. This period allows sufficient time to demonstrate good behavior and compliance with probation conditions.
Misdemeanor Convictions Eligible For Expungement
Maryland allows expungement for several types of misdemeanors, including
- Alcoholic beverages violations, such as public intoxication
- Theft or property crimes, including petty theft and property damage
- Minor drug offenses, like drug possession and possession of drug paraphernalia
- Second-degree assault
- Fraud or financial crimes, including issuing bad checks or credit card fraud
- Minor gambling violations
To determine if your misdemeanor conviction is eligible for expungement, you should always speak with a criminal defense lawyer as soon as possible.
Felony Convictions Eligible For Expungement
Certain felonies are also eligible for expungement, including:
- Various degrees of theft-related offenses
- Theft involving motor vehicles
- Possession with intent to distribute a controlled substance in some cases
- First, second, or third-degree burglary charges.
Not all crimes qualify, so it’s crucial to work with a lawyer to understand the nuances of Maryland law regarding expungement.
Waiting Periods and Other Criteria
Expungement in Maryland allows individuals to clear their criminal records, but eligibility depends on specific waiting periods and criteria based on the type of offense. Below are the general waiting periods required before applying for expungement:
Waiting Periods For Expungement in Maryland
Different offenses have different waiting periods before you can apply for expungement.
- Misdemeanors: 5 years after completing your sentence, probation, or parole
- Non-domestic assault or battery: 7 years
- Domestic crimes: 15 years
- Felonies: Most felonies require a 7-year waiting period
- Cannabis distribution: 3 years
- Felony theft and burglary (1st & 2nd degree): 10 years
Speak with a criminal defense lawyer to determine the exact waiting period to have your record expunged.
Restrictions and Other Expungement Criteria
In addition to the waiting periods, you have to make sure you meet the other criteria as well. Below are some restrictions on expungement in Maryland.
- Subsequent convictions: You cannot have new convictions during the waiting period
- Pending charges: All pending charges must be resolved before filing for expungement
- Unit rule: If multiple charges are connected and one is ineligible, none can be expunged
- Probation violations: Any violations of probation can disqualify you from being eligible for expungement
Meeting the waiting periods and ensuring that you do not fall under any of the restrictions is essential for a successful expungement. Failing to comply with these requirements can result in your application being denied.
Understanding the eligibility criteria and legal procedures can be challenging, but with the assistance of an experienced criminal defense attorney in Maryland, you can successfully pursue expungement and move forward with your life.
The Benefits of Expungement
Expungement offers a vital opportunity for individuals with past criminal records to move forward with their lives unburdened by past mistakes. Some of the most beneficial outcomes of an expungement include the following:
- Improved employment opportunities: Having a criminal record can make it incredibly difficult to secure employment. Most employers run background checks and may be hesitant to hire individuals with certain convictions. Expungement removes eligible offenses from public records, making it easier to apply for jobs without the stigma of a criminal history.
- Enhanced housing prospects: Landlords often perform background checks to screen potential tenants. A criminal record can result in housing application rejections, limiting your options for safe and stable living arrangements. By expunging your record, you can improve your chances of securing rental housing, enabling you to live in a better environment and maintain housing stability.
- Better educational opportunities: Educational institutions often require background checks as part of the admissions process. A clean record can enhance your eligibility for scholarships, grants, and acceptance into academic programs.
- Personal and emotional relief: Living with a criminal record can cause significant stress and impact your self-esteem. Expungement provides a sense of relief and closure, allowing individuals to move past their mistakes and focus on building a positive future. This emotional freedom can contribute to improved mental health and overall well-being.
If you believe you qualify for expungement, consulting with an experienced criminal defense attorney can help you navigate the process with less stress and better chances of success. For help, contact us today to schedule a free consultation.