Posts Tagged ‘Expungement Laws’

MASSACHUSETTS EXPUNGEMENT ATTORNEYS

If your case was dismissed, nol prossed or you were acquitted in Massachusetts, you may be eligible for an expungement. The Massachusetts expungement lawyers of SRIS, P.C. are experienced attorneys in the field of expungement law. If you wish to consult a SRIS, P.C. Massachusetts expungement lawyer, please simply contact us via email or phone. An expungement attorney of SRIS, P.C. will gladly consult with you regarding your matter. Our Massachusetts expungement attorneys and staff in Boston, MA, speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu. For more information or to make an appointment with SRIS, P.C., please call us at the numbers below, send an e-mail or complete the on-line form.

BOSTON, MASSACHUSETTS OFFICE:
101 Federal Street, Suite 1900
Boston, Massachusetts 02110
Phone: 888-437-7747

To obtain a general overview of expungement laws, please click here.

To learn more about the laws pertaining to expungement laws in Virginia or Maryland, please click on the state.

EXPUNGEMENT LAW

  • Expungement or sealing of records; hearings
  • Expungement of record
  • Requests to seal files; conditions; application of section; effect of sealing of records
  • Requests to seal delinquency files or records; conditions; sealing by commissioner; notice for compliance; effect of sealing; limited disclosure
  • Sealing of records or files in certain criminal cases; effect upon employment reports; enforcement
  • Violations of Sec. 34; acquittal, dismissal or indictment nol prossed; sealing of records

M.G.L.A. 258D § 7- Expungement or sealing of records; hearings (top)

(A) Upon the entry of a judgment in favor of a claimant under this chapter and following a separate hearing on the matter, the court shall enter an order either directing the expungement or sealing of those records of the claimant maintained by the criminal history systems board, the probation department, and the sex offender registry that directly pertain to the claimant’s erroneous felony conviction case, including documents and other materials and any samples obtained from the claimant. The commonwealth, as well as any other law enforcement agency that may be directly affected by such expungement or sealing of such records including, but not limited to, the district attorney that prosecuted the felony case against the claimant, shall be given reasonable notice and an opportunity to be heard on the issue of whether such records, documents and materials shall be so expunged or sealed. In making its determination as to whether such records, documents and materials shall be so expunged or sealed, the court shall consider the interests of privacy and justice pertaining to the claimant’s erroneous felony conviction as well as the probable effect of such expungement or sealing on relevant law enforcement entities and their ability to appropriately investigate and prosecute other persons for the felony which forms the basis of the claim or other crimes that may relate to the information contained in such records, documents and materials.
(B) Following a separate hearing conducted by the court, the court may also order the expungement or sealing of those records that directly pertain to the claimant’s erroneous felony conviction case that are currently in the care, custody and control of other state, municipal or local departments, agencies, commissions or committees, including law enforcement entities. Any such agency, commission, committee or entity shall be given reasonable notice and an opportunity to be heard on the issue of whether such records, documents and materials shall be expunged or sealed pursuant to this section. In making its determination as to whether such records, documents and materials shall be expunged or sealed, the court shall consider those factors required for consideration by the court in paragraph (A). (C) Any order to expunge or seal entered by the court shall provide that, in any employment application, the claimant may answer “no record” as to any charges expunged or sealed pursuant to this section in response to an inquiry regarding prior felony arrests, court appearances or criminal convictions.
(D) The charges and convictions expunged or sealed shall not operate to disqualify the claimant in any examination, appointment or application for public employment in the service of the commonwealth or any other political subdivision thereof, nor shall such charges and convictions be used against the claimant in any way in any court proceedings or hearings before any court, board or commission to which the claimant is a party to the proceedings.

M.G.L.A. 22E § 15- Expungement of record (top)

Any person whose DNA record has been included in the state DNA database may apply to the superior court to have such record expunged on the grounds that the conviction or judicial determination that resulted in the inclusion of the person’s DNA record in the state DNA database has been reversed and the case dismissed; provided, however, that one year shall have elapsed from the date the judgment reversing or dismissing the conviction became final or such person shall have obtained, in writing, authorization from the district attorney that no further prosecution is contemplated under the original offense for which such person was convicted or for which the original judicial determination was entered.

M.G.L.A. 276 § 100A- Requests to seal files; conditions; application of section; effect of sealing of records (top)

Any person having a record of criminal court appearances and dispositions in the commonwealth on file with the office of the commissioner of probation may, on a form furnished by the commissioner and signed under the penalties of perjury, request that the commissioner seal such file. The commissioner shall comply with such request provided (1) that said person’s court appearance and court disposition records, including termination of court supervision, probation or sentence for any misdemeanor occurred not less than ten years prior to said request; (2) that said person’s court appearance and court disposition records, including termination of court supervision, probation or sentence for any felony occurred not less than fifteen years prior to said request; (3) that said person had not been found guilty of any criminal offense within the commonwealth in the ten years preceding such request, except motor vehicle offenses in which the penalty does not exceed a fine of fifty dollars; (4) said form includes a statement by the petitioner that he has not been convicted of any criminal offense in any other state, United States possession or in a court of federal jurisdiction, except such motor vehicle offenses, as aforesaid, and has not been imprisoned in any state or county within the preceding ten years; and (5) said person’s record does not include convictions of offenses other than those to which this section applies. This section shall apply to court appearances and dispositions of all offenses provided, however, that this section shall not apply in case of convictions for violations of sections one hundred and twenty-one to one hundred and thirty-one H, inclusive, of chapter one hundred and forty or for violations of chapter two hundred and sixty-eight or chapter two hundred and sixty-eight A.
In carrying out the provisions of this section, notwithstanding any laws to the contrary:
1. Any recorded offense which was a felony when committed and has since become a misdemeanor shall be treated as a misdemeanor.
2. Any recorded offense which is no longer a crime shall be eligible for sealing forthwith, except in cases where the elements of the offense continue to be a crime under a different designation.
3. In determining the period for eligibility, any subsequently recorded offenses for which the dispositions are “not guilty”, “dismissed for want of prosecution”, “dismissed at request of complainant”, “nol prossed”, or “no bill” shall not be held to interrupt the running of the required period for eligibility.
4. If it cannot be ascertained that a recorded offense was a felony when committed said offense shall be treated as a misdemeanor.
When records of criminal appearances and criminal dispositions are sealed by the commissioner in his files, he shall notify forthwith the clerk and the probation officer of the courts in which the convictions or dispositions have occurred, or other entries have been made, of such sealing, and said clerks and probation officers likewise shall seal records of the same proceedings in their files.
Such sealed records shall not operate to disqualify a person in any examination, appointment or application for public service in the service of the commonwealth or of any political subdivision thereof; nor shall such sealed records be admissible in evidence or used in any way in any court proceedings or hearings before any boards or commissions, except in imposing sentence in subsequent criminal proceedings.
An application for employment used by an employer which seeks information concerning prior arrests or convictions of the applicant shall include the following statement: “An applicant for employment with a sealed record on file with the commissioner of probation may answer ‘no record’ with respect to an inquiry herein relative to prior arrests, criminal court appearances or convictions. An applicant for employment with a sealed record on file with the commissioner of probation may answer ‘no record’ to an inquiry herein relative to prior arrests or criminal court appearances. In addition, any applicant for employment may answer ‘no record’ with respect to any inquiry relative to prior arrests, court appearances and adjudications in all cases of delinquency or as a child in need of services which did not result in a complaint transferred to the superior court for criminal prosecution.” The attorney general may enforce the provisions of this paragraph by a suit in equity commenced in the superior court.
The commissioner, in response to inquiries by authorized persons other than any law enforcement agency, any court, or any appointing authority, shall in the case of a sealed record or in the case of court appearances and adjudications in a case of delinquency or the case of a child in need of services which did not result in a complaint transferred to the superior court for criminal prosecution, report that no record exists.

M.G.L.A. 276 § 100B- Requests to seal delinquency files or records; conditions; sealing by commissioner; notice for compliance; effect of sealing; limited disclosure (top)

Any person having a record of entries of a delinquency court appearance in the commonwealth on file in the office of the commissioner of probation may, on a form furnished by the commissioner, signed under the penalties of perjury, request that the commissioner seal such file. The commissioner shall comply with such request provided (1) that any court appearance or disposition including court supervision, probation, commitment or parole, the records for which are to be sealed, terminated not less than three years prior to said request; (2) that said person has not been adjudicated delinquent or found guilty of any criminal offense within the commonwealth in the three years preceding such request, except motor vehicle offenses in which the penalty does not exceed a fine of fifty dollars nor been imprisoned under sentence or committed as a delinquent within the commonwealth within the preceding three years; and (3) said form includes a statement by the petitioner that he has not been adjudicated delinquent or found guilty of any criminal offense in any other state, United States possession or in a court of federal jurisdiction, except such motor vehicle offenses as aforesaid, and has not been imprisoned under sentence or committed as a delinquent in any state or county within the preceding three years.
When records of delinquency appearances and delinquency dispositions are sealed by the commissioner in his files, the commissioner shall notify forthwith the clerk and the probation officer of the courts in which the adjudications or dispositions have occurred, or other entries have been made, and the department of youth services of such sealing, and said clerks, probation officers, and department of youth services likewise shall seal records of the same proceedings in their files. Such sealed records of a person shall not operate to disqualify a person in any future examination, appointment or application for public service under the government of the commonwealth or of any political subdivision thereof; nor shall such sealed records be admissible in evidence or used in any way in any court proceedings or hearings before any boards of commissioners, except in imposing sentence for subsequent offenses in delinquency or criminal proceedings.
Notwithstanding any other provision to the contrary, the commissioner shall report such sealed delinquency record to inquiring police and court agencies only as “sealed delinquency record over three years old” and to other authorized persons who may inquire as “no record”. The information contained in said sealed delinquency record shall be made available to a judge or probation officer who affirms that such person, whose record has been sealed, has been adjudicated a delinquent or has pleaded guilty or has been found guilty of and is awaiting sentence for a crime committed subsequent to sealing of such record. Said information shall be used only for the purpose of consideration in imposing sentence.

M.G.L.A. 276 § 100C- Sealing of records or files in certain criminal cases; effect upon employment reports; enforcement (top)

In any criminal case wherein the defendant has been found not guilty by the court or jury, or a no bill has been returned by the grand jury, or a finding of no probable cause has been made by the court, the commissioner of probation shall seal said court appearance and disposition recorded in his files and the clerk and the probation officers of the courts in which the proceedings occurred or were initiated shall likewise seal the records of the proceedings in their files. The provisions of this paragraph shall not apply if the defendant makes a written request to the commissioner not to seal the records of the proceedings.
In any criminal case wherein a nolle prosequi has been entered, or a dismissal has been entered by the court, except in cases in which an order of probation has been terminated, and it appears to the court that substantial justice would best be served, the court shall direct the clerk to seal the records of the proceedings in his files. The clerk shall forthwith notify the commissioner of probation and the probation officer of the courts in which the proceedings occurred or were initiated who shall likewise seal the records of the proceedings in their files.
Such sealed records shall not operate to disqualify a person in any examination, appointment or application for public employment in the service of the commonwealth or of any political subdivision thereof.
An application for employment used by an employer which seeks information concerning prior arrests or convictions of the applicant shall include in addition to the statement required under section one hundred A the following statement: “An applicant for employment with a sealed record on file with the commissioner of probation may answer ‘no record’ with respect to an inquiry herein relative to prior arrests or criminal court appearances.” The attorney general may enforce the provisions of this section by a suit in equity commenced in the superior court.
The commissioner, in response to inquiries by authorized persons other than any law enforcement agency or any court, shall in the case of a sealed record report that no record exists. After a finding or verdict of guilty on a subsequent offense such sealed record shall be made available to the probation officer and the same, with the exception of a not guilty, a no bill, or a no probable cause, shall be made available to the court.

M.G.L.A. 94C § 44 – Violations of Sec. 34; acquittal, dismissal or indictment nol prossed; sealing of records (top)

If any person is found not guilty of the violation of any provision of section thirty-four or if a complaint against him is dismissed or an indictment nol prossed for a violation of said section, the court shall order all official records relating to his arrest, indictment, conviction, continuance or discharge to be sealed; provided, however, that departmental records maintained by police and other law enforcement agencies which are not public records shall not be sealed.
No person as to whom such sealing has been ordered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise making a false statement by reason of his failure to recite or acknowledge such arrest, indictment, disposition, sealing or any other related court proceeding, in response to any inquiry made of him for any purpose.

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MARYLAND EXPUNGEMENT ATTORNEYS

Sometimes, you are wrongly charged with a criminal offense in Maryland and then the case is dismissed after a trial or dropped without the prosecution pursuing it any further. That is great news. Except now you have a Maryland criminal charge on your record regardless of the fact that you were never found to have done anything wrong. The only way to get rid of this black mark on your record is to have it expunged. Below, you will find some information about cleaning up your criminal record in Maryland. Once you read it and want the help of a Maryland expungement lawyer to get your record cleaned up, contact one of our Maryland expungement attorneys of SRIS, P.C. We have very experienced in assisting clients with Maryland expungements. Our Maryland expungement attorneys routinely go before the Courts of Maryland and petition the courts for expungements. We have offices in Rockville and Annapolis, Maryland. If you wish to consult a SRIS, P.C. Maryland expungement lawyer, please simply contact us. A Maryland expungement attorney of SRIS, P.C. will gladly consult with you regarding your matter. For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.

ANNAPOLIS, MARYLAND OFFICE:
116 Defense Highway, Suite 502
Annapolis, Maryland 21401
Phone: (240) 399-0304

ROCKVILLE, MARYLAND OFFICE:
One Research Court, Suite 450
Rockville, Maryland 20850
Phone: (240) 399-0304

To obtain a general overview of expungement laws, please click here

To learn more about the laws pertaining to expungement laws in Virginia or Massachusetts, please click on the state.

The following is the Criminal Procedures for obtaining an expungement in the State of Maryland. Click on any of the following laws to learn more about them.

  • What is an Expungement?
  • How do you get a charge expunged?
  • Expungement of police record when no charge is filed
  • Expungement of record after charge is filed
  • Expungement of criminal charge transferred to juvenile court
  • Expungement of driving record

EXPUNGEMENT LAWS

MD Code, Criminal Procedure, § 10-101 Definitions (top)

(d) “Expunge” means to remove information from public inspection in accordance with this subtitle.
(e) “Expungement” with respect to a court record or a police record means removal from public inspection:
(1) by obliteration;
(2) by removal to a separate secure area to which persons who do not have a legitimate reason for access are denied access; or
(3) if access to a court record or police record can be obtained only by reference to another court record or police record, by the expungement of it or the part of it that provides access.

MD Code, Criminal Procedure, § 10-102. Scope (top)

(a) A police record or a court record may be expunged under this subtitle.
(b)(1) A court record or a police record that existed before July 1, 1975 , and is still maintained, may be expunged under this subtitle.
(2) A person who is entitled to the expungement of a court record or a police record that existed before July 1, 1975 , may use the procedures for expungement provided under this subtitle.
(3) The limitation periods provided in §§ 10-103 and 10-105 of this subtitle begin when the person becomes entitled to expungement of a court record or a police record that existed before July 1, 1975.
(4) The custodian of court records or police records that were made before July 1, 1975 , and that may be expunged under this subtitle:
(i) shall make a reasonable search for a record requested for expungement; but
(ii) need not expunge a court record or a police record that is not found after a reasonable search.
(c) This subtitle does not apply to:
(1) a record about a minor traffic violation;
(2) the published opinion of a court;
(3) a cash receipt or disbursement record that is necessary for audit purposes;
(4) a transcript of court proceedings made by a court reporter in a multiple defendant case;
(5) an investigatory file; or
(6) a record of the work product of a law enforcement unit that is used solely for police investigation.

MD Code, Criminal Procedure,§ 10-103. Expungement of police record when no charge is filed (top)

(a) A person who is arrested, detained, or confined by a law enforcement unit for the suspected commission of a crime and then is released without being charged with the commission of a crime may:
(1) give written notice of these facts to a law enforcement unit that the person believes may have a police record about the matter; and
(2) request the expungement of the police record.
(b)(1) Except as provided in paragraph (2) of this subsection, a person may not give notice under this subtitle before the statute of limitations expires for all tort claims that arise from the incident.
(2)(i) A person may give notice before the statute of limitations expires if the person attaches to the notice a written general waiver and release, in legal form, of all tort claims that the person has arising from the incident.
(ii) The notice and waiver are not subject to expungement.
(3) The law enforcement unit shall keep the notice and waiver at least until any applicable statute of limitations expires.
(4) The person shall give the notice within 8 years after the date of the incident.
(c)(1) On receipt of a timely filed notice, the law enforcement unit promptly shall investigate and try to verify the facts stated in the notice.
(2) If the law enforcement unit finds the facts are true, the law enforcement unit shall:
(i) search diligently for each police record about the arrest, detention, or confinement of the person;
(ii) expunge each police record it has about the arrest, detention, or confinement within 60 days after receipt of the notice; and
(iii) send a copy of the notice and the law enforcement unit’s verification of the facts in the notice to:
1. the Central Repository;
2. each booking facility or law enforcement unit that the law enforcement unit believes may have a police record about the arrest, detention, or confinement; and
3. the person requesting expungement.
(d) Within 30 days after receipt of the notice, the Central Repository, booking facility, and any other law enforcement unit shall search diligently for and expunge a police record about the arrest, detention, or confinement.
(e) If the law enforcement unit to which the person has sent notice finds that the person is not entitled to an expungementof the police record, the law enforcement unit, within 60 days after receipt of the notice, shall advise the person in writing of:
(1) the denial of the request for expungement;and
(2) the reasons for the denial.
(f)(1)(i) If a request by the person for expungement of a police record is denied under subsection (e) of this section, the person may apply for an order of expungementin the District Court that has proper venue against the law enforcement unit.
(ii) The person shall file the application within 30 days after the written notice of the denial is mailed or delivered to the person.
(2) After notice to the law enforcement unit, the court shall hold a hearing.
(3) If the court finds that the person is entitled to expungement, the court shall order the law enforcement unit to expungethe police record.
(4) If the court finds that the person is not entitled to expungementof the police record, the court shall deny the application.
(5)(i) The law enforcement unit is a party to the proceeding.
(ii) Each party to the proceeding is entitled to appellate review on the record, as provided in the Courts Article for appeals in civil cases from the District Court.

MD Code, Criminal Procedure, § 10-105. Expungement of record after charge is filed (top)

(a) A person who has been charged with the commission of a crime, including a violation of the Transportation Article for which a term of imprisonment may be imposed, may file a petition listing relevant facts for expungement of a police record, court record, or other record maintained by the State or a political subdivision of the State if:
(1) the person is acquitted;
(2) the charge is otherwise dismissed;
(3) a probation before judgment is entered, unless the person is charged with a violation of § 21-902 of the Transportation Article or Title 2, Subtitle 5 or § 3-211 of the Criminal Law Article;
(4) a nolle prosequi or nolle prosequi with the requirement of drug or alcohol treatment is entered;
(5) the court indefinitely post pones trial of a criminal charge by marking the criminal charge “stet” or stet with the requirement of drug or alcohol abuse treatment on the docket;
(6) the case is compromised under § 3-207 of the Criminal Law Article;
(7) the charge was transferred to the juvenile court under § 4-202 of this article; or
(8) the person:
(i) is convicted of only one criminal act, and that act is not a crime of violence; and
(ii) is granted a full and unconditional pardon by the Governor.
(b)(1) Except as provided in paragraphs (2) and (3) of this subsection, a person shall file a petition in the court in which the proceeding began.
(2) If the proceeding began in one court and was transferred to another court, the person shall file the petition in the court to which the proceeding was transferred.
(3)(i) If the proceeding in a court of original jurisdiction was appealed to a court exercising appellate jurisdiction, the person shall file the petition in the appellate court.
(ii) The appellate court may remand the matter to the court of original jurisdiction.
(c)(1) Except as provided in paragraph (2) of this subsection, a petition for expungement based on an acquittal, a nolle prosequi, or a dismissal may not be filed within 3 years after the disposition, unless the petitioner files with the petition a written general waiver and release of all the petitioner’s tort claims arising from the charge.
(2) A petition for expungement based on a probation before judgment or a stet with the requirement of drug or alcohol abuse treatment may not be filed earlier than the later of:
(i) the date the petitioner was discharged from probation or the requirements of obtaining drug or alcohol abuse treatment were completed; or
(ii) 3 years after the probation was granted or stet with the requirement of drug or alcohol abuse treatment was entered on the docket.
(3) A petition for expungement based on a nolle prosequi with the requirement of drug or alcohol treatment may not be filed until the completion of the required treatment.
(4) A petition for expungement based on a full and unconditional pardon by the Governor may not be filed later than 10 years after the pardon was signed by the Governor.
(5) Except as provided in paragraph (2) of this subsection, a petition for expungement based on a stet or a compromise under § 3-207 of the Criminal Law Article may not be filed within 3 years after the stet or compromise.
(6) A court may grant a petition for expungementat any time on a showing of good cause.
(d)(1) The court shall have a copy of a petition for expungementserved on the State’s Attorney.
(2) Unless the State’s Attorney files an objection to the petition for expungement within 30 days after the petition is served, the court shall pass an order requiring the expungementof all police records and court records about the charge.
(e)(1) If the State’s Attorney files a timely objection to the petition, the court shall hold a hearing.
(2) If the court at the hearing finds that the person is entitled to expungement, the court shall order the expungementof all police records and court records about the charge.
(3) If the court finds that the person is not entitled to expungement,the court shall deny the petition.
(4) The person is not entitled to expungementif:
(i) the petition is based on the entry of probation before judgment, a nolle prosequi, or a stet, including a nolle prosequi with the requirement of drug or alcohol treatment or a stet with the requirement of drug or alcohol abuse treatment, or the grant of a pardon by the Governor; and
(ii) the person:
1. since the full and unconditional pardon or entry, has been convicted of a crime other than a minor traffic violation; or
2. is a defendant in a pending criminal proceeding.
(f) Unless an order is stayed pending an appeal, within 60 days after entry of the order, every custodian of the police records and court records that are subject to the order of expungement shall advise in writing the court and the person who is seeking expungement of compliance with the order.
(g)(1) The State’s Attorney is a party to the proceeding.
(2) A party aggrieved by the decision of the court is entitled to appellate review as provided in the Courts Article

MD Code, Criminal Procedure, § 10-106 Expungement of criminal charge transferred to juvenile court (top)

(a) In this section, “delinquency petition” means a petition filed under § 3-8A-10 of the Courts Article alleging that a child is a delinquent child.
(b) A person may file a petition for expungement of a criminal charge transferred to the juvenile court under § 4-202 of this article:
(1) after the date of the decision not to file a delinquency petition; or
(2) after the decision on the delinquency petition of facts-not-sustained.
(c) The court may grant a petition for expungement to a person when the person becomes 21 years old, if a charge transferred under § 4-202 of this article resulted in the adjudication of the person as a delinquent child.
(d) A court shall grant a petition for expungement of a criminal charge that was transferred to the juvenile court under § 4-202 of this article, if:
(1) the charge that was transferred under § 4-202 of this article did not result in the filing of a delinquency petition; or
(2) the decision on the delinquency petition was that there was a finding of facts-not-sustained.

MD Code, Transportation, § 16-117.1. Expungement of driving record (top)

(a) In this section, “criminal offense” does not include any violation of the Maryland Vehicle Law.
(b) Except as provided in subsection (c) of this section and in Subtitle 8 of this title, if a licensee applies for the expungement of the licensee’s public driving record, the Administration shall expungethe record if, at the time of application:
(1) The licensee does not have charges pending for allegedly committing a moving violation or a criminal offense involving a motor vehicle; and
(2)(i) The licensee has not been convicted of a moving violation or a criminal offense involving a motor vehicle for the preceding 3 years, and the licensee’s license never has been suspended or revoked;
(ii) The licensee has not been convicted of a moving violation or a criminal offense involving a motor vehicle for the preceding 5 years, and the licensee’s record shows not more than one suspension and no revocations; or
(iii) Within the preceding 10 years:
1. The licensee has not been convicted of nor been granted probation before judgment for a violation of § 20-102 or § 21-902 of this article;
2. The licensee’s driving record shows no convictions from another jurisdiction of a moving violation identical or substantially similar to § 20-102 or § 21-902 of this article; and
3. The licensee has not been convicted of any other moving violation or criminal offense involving a motor vehicle, regardless of the number of suspensions or revocations.
(c) The Administration may refuse to expunge a driving record if it determines that the individual requesting the expungementhas not driven a motor vehicle on the highways during the particular conviction-free period on which the request is based.
(d) The Administration shall expungefrom its driver record data base the driving record of an individual or a probation before judgment disposition of an individual:
(1) Who has not been convicted of a moving violation or criminal offense involving a motor vehicle for the preceding 3 years;
(2) Who has not been convicted of, or been granted probation before judgment for:
(i) A violation of § 20-102 of this article;
(ii) A violation of § 21-902 of this article; or
(iii) A moving violation identical or substantially similar to § 20-102 or § 21-902 of this article; and
(3) Whose license or privilege to drive never has been suspended or revoked.

Our Maryland expungement attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.

For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.

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MARYLAND EXPUNGEMENT ATTORNEYS

Sometimes, you are wrongly charged with a criminal offense in Maryland and then the case is dismissed after a trial or dropped without the prosecution pursuing it any further. That is great news. Except now you have a Maryland criminal charge on your record regardless of the fact that you were never found to have done anything wrong. The only way to get rid of this black mark on your record is to have it expunged. Below, you will find some information about cleaning up your criminal record in Maryland. Once you read it and want the help of a Maryland expungement lawyer to get your record cleaned up, contact one of our Maryland expungement attorneys of SRIS, P.C. We have very experienced in assisting clients with Maryland expungements. Our Maryland expungement attorneys routinely go before the Courts of Maryland and petition the courts for expungements. We have offices in Rockville and Annapolis, Maryland. If you wish to consult a SRIS, P.C. Maryland expungement lawyer, please simply contact us. A Maryland expungement attorney of SRIS, P.C. will gladly consult with you regarding your matter. For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.

ANNAPOLIS, MARYLAND OFFICE:
116 Defense Highway, Suite 502
Annapolis, Maryland 21401
Phone: (240) 399-0304

ROCKVILLE, MARYLAND OFFICE:
One Research Court, Suite 450
Rockville, Maryland 20850
Phone: (240) 399-0304

To obtain a general overview of expungement laws, please click here

To learn more about the laws pertaining to expungement laws in Virginia or Massachusetts, please click on the state.

The following is the Criminal Procedures for obtaining an expungement in the State of Maryland. Click on any of the following laws to learn more about them.

  • What is an Expungement?
  • How do you get a charge expunged?
  • Expungement of police record when no charge is filed
  • Expungement of record after charge is filed
  • Expungement of criminal charge transferred to juvenile court
  • Expungement of driving record

EXPUNGEMENT LAWS

MD Code, Criminal Procedure, § 10-101 Definitions (top)

(d) “Expunge” means to remove information from public inspection in accordance with this subtitle.
(e) “Expungement” with respect to a court record or a police record means removal from public inspection:
(1) by obliteration;
(2) by removal to a separate secure area to which persons who do not have a legitimate reason for access are denied access; or
(3) if access to a court record or police record can be obtained only by reference to another court record or police record, by the expungement of it or the part of it that provides access.

MD Code, Criminal Procedure, § 10-102. Scope (top)

(a) A police record or a court record may be expunged under this subtitle.
(b)(1) A court record or a police record that existed before July 1, 1975 , and is still maintained, may be expunged under this subtitle.
(2) A person who is entitled to the expungement of a court record or a police record that existed before July 1, 1975 , may use the procedures for expungement provided under this subtitle.
(3) The limitation periods provided in §§ 10-103 and 10-105 of this subtitle begin when the person becomes entitled to expungement of a court record or a police record that existed before July 1, 1975.
(4) The custodian of court records or police records that were made before July 1, 1975 , and that may be expunged under this subtitle:
(i) shall make a reasonable search for a record requested for expungement; but
(ii) need not expunge a court record or a police record that is not found after a reasonable search.
(c) This subtitle does not apply to:
(1) a record about a minor traffic violation;
(2) the published opinion of a court;
(3) a cash receipt or disbursement record that is necessary for audit purposes;
(4) a transcript of court proceedings made by a court reporter in a multiple defendant case;
(5) an investigatory file; or
(6) a record of the work product of a law enforcement unit that is used solely for police investigation.

MD Code, Criminal Procedure,§ 10-103. Expungement of police record when no charge is filed (top)

(a) A person who is arrested, detained, or confined by a law enforcement unit for the suspected commission of a crime and then is released without being charged with the commission of a crime may:
(1) give written notice of these facts to a law enforcement unit that the person believes may have a police record about the matter; and
(2) request the expungement of the police record.
(b)(1) Except as provided in paragraph (2) of this subsection, a person may not give notice under this subtitle before the statute of limitations expires for all tort claims that arise from the incident.
(2)(i) A person may give notice before the statute of limitations expires if the person attaches to the notice a written general waiver and release, in legal form, of all tort claims that the person has arising from the incident.
(ii) The notice and waiver are not subject to expungement.
(3) The law enforcement unit shall keep the notice and waiver at least until any applicable statute of limitations expires.
(4) The person shall give the notice within 8 years after the date of the incident.
(c)(1) On receipt of a timely filed notice, the law enforcement unit promptly shall investigate and try to verify the facts stated in the notice.
(2) If the law enforcement unit finds the facts are true, the law enforcement unit shall:
(i) search diligently for each police record about the arrest, detention, or confinement of the person;
(ii) expunge each police record it has about the arrest, detention, or confinement within 60 days after receipt of the notice; and
(iii) send a copy of the notice and the law enforcement unit’s verification of the facts in the notice to:
1. the Central Repository;
2. each booking facility or law enforcement unit that the law enforcement unit believes may have a police record about the arrest, detention, or confinement; and
3. the person requesting expungement.
(d) Within 30 days after receipt of the notice, the Central Repository, booking facility, and any other law enforcement unit shall search diligently for and expunge a police record about the arrest, detention, or confinement.
(e) If the law enforcement unit to which the person has sent notice finds that the person is not entitled to an expungementof the police record, the law enforcement unit, within 60 days after receipt of the notice, shall advise the person in writing of:
(1) the denial of the request for expungement;and
(2) the reasons for the denial.
(f)(1)(i) If a request by the person for expungement of a police record is denied under subsection (e) of this section, the person may apply for an order of expungementin the District Court that has proper venue against the law enforcement unit.
(ii) The person shall file the application within 30 days after the written notice of the denial is mailed or delivered to the person.
(2) After notice to the law enforcement unit, the court shall hold a hearing.
(3) If the court finds that the person is entitled to expungement, the court shall order the law enforcement unit to expungethe police record.
(4) If the court finds that the person is not entitled to expungementof the police record, the court shall deny the application.
(5)(i) The law enforcement unit is a party to the proceeding.
(ii) Each party to the proceeding is entitled to appellate review on the record, as provided in the Courts Article for appeals in civil cases from the District Court.

MD Code, Criminal Procedure, § 10-105. Expungement of record after charge is filed (top)

(a) A person who has been charged with the commission of a crime, including a violation of the Transportation Article for which a term of imprisonment may be imposed, may file a petition listing relevant facts for expungement of a police record, court record, or other record maintained by the State or a political subdivision of the State if:
(1) the person is acquitted;
(2) the charge is otherwise dismissed;
(3) a probation before judgment is entered, unless the person is charged with a violation of § 21-902 of the Transportation Article or Title 2, Subtitle 5 or § 3-211 of the Criminal Law Article;
(4) a nolle prosequi or nolle prosequi with the requirement of drug or alcohol treatment is entered;
(5) the court indefinitely post pones trial of a criminal charge by marking the criminal charge “stet” or stet with the requirement of drug or alcohol abuse treatment on the docket;
(6) the case is compromised under § 3-207 of the Criminal Law Article;
(7) the charge was transferred to the juvenile court under § 4-202 of this article; or
(8) the person:
(i) is convicted of only one criminal act, and that act is not a crime of violence; and
(ii) is granted a full and unconditional pardon by the Governor.
(b)(1) Except as provided in paragraphs (2) and (3) of this subsection, a person shall file a petition in the court in which the proceeding began.
(2) If the proceeding began in one court and was transferred to another court, the person shall file the petition in the court to which the proceeding was transferred.
(3)(i) If the proceeding in a court of original jurisdiction was appealed to a court exercising appellate jurisdiction, the person shall file the petition in the appellate court.
(ii) The appellate court may remand the matter to the court of original jurisdiction.
(c)(1) Except as provided in paragraph (2) of this subsection, a petition for expungement based on an acquittal, a nolle prosequi, or a dismissal may not be filed within 3 years after the disposition, unless the petitioner files with the petition a written general waiver and release of all the petitioner’s tort claims arising from the charge.
(2) A petition for expungement based on a probation before judgment or a stet with the requirement of drug or alcohol abuse treatment may not be filed earlier than the later of:
(i) the date the petitioner was discharged from probation or the requirements of obtaining drug or alcohol abuse treatment were completed; or
(ii) 3 years after the probation was granted or stet with the requirement of drug or alcohol abuse treatment was entered on the docket.
(3) A petition for expungement based on a nolle prosequi with the requirement of drug or alcohol treatment may not be filed until the completion of the required treatment.
(4) A petition for expungement based on a full and unconditional pardon by the Governor may not be filed later than 10 years after the pardon was signed by the Governor.
(5) Except as provided in paragraph (2) of this subsection, a petition for expungement based on a stet or a compromise under § 3-207 of the Criminal Law Article may not be filed within 3 years after the stet or compromise.
(6) A court may grant a petition for expungementat any time on a showing of good cause.
(d)(1) The court shall have a copy of a petition for expungementserved on the State’s Attorney.
(2) Unless the State’s Attorney files an objection to the petition for expungement within 30 days after the petition is served, the court shall pass an order requiring the expungementof all police records and court records about the charge.
(e)(1) If the State’s Attorney files a timely objection to the petition, the court shall hold a hearing.
(2) If the court at the hearing finds that the person is entitled to expungement, the court shall order the expungementof all police records and court records about the charge.
(3) If the court finds that the person is not entitled to expungement,the court shall deny the petition.
(4) The person is not entitled to expungementif:
(i) the petition is based on the entry of probation before judgment, a nolle prosequi, or a stet, including a nolle prosequi with the requirement of drug or alcohol treatment or a stet with the requirement of drug or alcohol abuse treatment, or the grant of a pardon by the Governor; and
(ii) the person:
1. since the full and unconditional pardon or entry, has been convicted of a crime other than a minor traffic violation; or
2. is a defendant in a pending criminal proceeding.
(f) Unless an order is stayed pending an appeal, within 60 days after entry of the order, every custodian of the police records and court records that are subject to the order of expungement shall advise in writing the court and the person who is seeking expungement of compliance with the order.
(g)(1) The State’s Attorney is a party to the proceeding.
(2) A party aggrieved by the decision of the court is entitled to appellate review as provided in the Courts Article

MD Code, Criminal Procedure, § 10-106 Expungement of criminal charge transferred to juvenile court (top)

(a) In this section, “delinquency petition” means a petition filed under § 3-8A-10 of the Courts Article alleging that a child is a delinquent child.
(b) A person may file a petition for expungement of a criminal charge transferred to the juvenile court under § 4-202 of this article:
(1) after the date of the decision not to file a delinquency petition; or
(2) after the decision on the delinquency petition of facts-not-sustained.
(c) The court may grant a petition for expungement to a person when the person becomes 21 years old, if a charge transferred under § 4-202 of this article resulted in the adjudication of the person as a delinquent child.
(d) A court shall grant a petition for expungement of a criminal charge that was transferred to the juvenile court under § 4-202 of this article, if:
(1) the charge that was transferred under § 4-202 of this article did not result in the filing of a delinquency petition; or
(2) the decision on the delinquency petition was that there was a finding of facts-not-sustained.

MD Code, Transportation, § 16-117.1. Expungement of driving record (top)

(a) In this section, “criminal offense” does not include any violation of the Maryland Vehicle Law.
(b) Except as provided in subsection (c) of this section and in Subtitle 8 of this title, if a licensee applies for the expungement of the licensee’s public driving record, the Administration shall expungethe record if, at the time of application:
(1) The licensee does not have charges pending for allegedly committing a moving violation or a criminal offense involving a motor vehicle; and
(2)(i) The licensee has not been convicted of a moving violation or a criminal offense involving a motor vehicle for the preceding 3 years, and the licensee’s license never has been suspended or revoked;
(ii) The licensee has not been convicted of a moving violation or a criminal offense involving a motor vehicle for the preceding 5 years, and the licensee’s record shows not more than one suspension and no revocations; or
(iii) Within the preceding 10 years:
1. The licensee has not been convicted of nor been granted probation before judgment for a violation of § 20-102 or § 21-902 of this article;
2. The licensee’s driving record shows no convictions from another jurisdiction of a moving violation identical or substantially similar to § 20-102 or § 21-902 of this article; and
3. The licensee has not been convicted of any other moving violation or criminal offense involving a motor vehicle, regardless of the number of suspensions or revocations.
(c) The Administration may refuse to expunge a driving record if it determines that the individual requesting the expungementhas not driven a motor vehicle on the highways during the particular conviction-free period on which the request is based.
(d) The Administration shall expungefrom its driver record data base the driving record of an individual or a probation before judgment disposition of an individual:
(1) Who has not been convicted of a moving violation or criminal offense involving a motor vehicle for the preceding 3 years;
(2) Who has not been convicted of, or been granted probation before judgment for:
(i) A violation of § 20-102 of this article;
(ii) A violation of § 21-902 of this article; or
(iii) A moving violation identical or substantially similar to § 20-102 or § 21-902 of this article; and
(3) Whose license or privilege to drive never has been suspended or revoked.

Our Maryland expungement attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.

For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.

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VIRGINIA EXPUNGEMENT ATTORNEYS

The Virginia expungement attorneys of SRIS, P.C. have an extensive amount of experience in expungement law. Our Virginia expungement law lawyers routinely go before the Court and petition the courts for expungements. If you wish to consult a SRIS, P.C. Virginia expungement lawyer, please simply contact us via email or phone. An expungement attorney of SRIS, P.C. will gladly consult with you regarding your matter. Our attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu. For more information or to make an appointment with SRIS, P.C., please call us at the numbers below, send an e-mail or complete the on-line form.

To obtain a general overview of expungement laws, please click here

To learn more about the laws pertaining to expungement laws in Maryland or Massachusetts, please click on the state.

The expungement attorneys of SRIS, P.C., have offices in four different locations in Virginia. Our Virginia offices are located in the following areas: Fairfax, Lynchburg, Manassas, Richmond and Virginia Beach. However, we assist clients with expungement matters all throughout Virgina. The following is some basic information about expungements. Click on a question you may have regarding expungements:

What is an expungement?
Who is eligible to get records expunged?
What records may be expunged?

What is an expungement? (top)

Expungement of a record means that a criminal record is wiped from the slate. As a result, expungement makes the crime as if it never occurred. By successfully getting an expungement, each law enforcement agency will destroy their records of the crime. Expungement differs from getting a record sealed, which some people confuse the two for. By getting a record sealed, the file will remain intact but can only be released to other law enforcement agencies, so employers and other people cannot get a hold of the record but is not completely erased like an expungement will do.

Now with the Internet able to give access to limitless amounts of information, expungement is being sought at a much greater frequency. People are contacting attorneys that specialize in expungement criminal law because of the growing paranoia that a tarnished record will affect their future. Employers have access to criminal records and it can influence the decisions made because of it and an expungement can help prevent an otherwise debatable situation.

In some instances, charges that were dismissed can still appear on record to show that the individual is under indictment and an expungement can help diminish any confusion about a situation. Although found to be innocent by the law, records can cause suspicion to law enforcement agencies, employers, and anyone else able to access the records if an expungement is not sought. Some states are changing their expungement laws in order to allow for some people to petition for the removal of records, though laws regarding expungement differ from state to state.

In any case, with services on the Internet that now allows a minimal charge to search criminal records, expungement has become almost an obsession for many people afraid of how their records will negatively influence their reputation. For more information on expungement, please contact us to confer with a SRIS, P.C. criminal lawyer in handling expungements.

Who is eligible to get records expunged? (top)

A person charged and then acquitted, who had charges nolled, or granted an absolute pardon, may petition for expungement. Also, any person whose name or other identification has been used without his consent or authorization by another person who has been charged or arrested using such name or identification.

What records may be expunged? (top)

An eligible person may petition for expungement of police records and court records relating to the charge expunged. Also the division with control of DNA records shall purge all records and identifiable information in the data bank pertaining to the person and destroy all samples from the person upon receipt of (i) a written request for expungement pursuant to this section and (ii) a certified copy of the court order reversing and dismissing the conviction.

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