FAQ: Expungements In The State Of Maryland

Getting a criminal record expunged is an opportunity that too few people know about. And many who understand that it is a possibility may nonetheless have a hard time pursuing expungement without a lawyer. Below are answers to some frequently asked questions about expungement.

Can I get my criminal records expunged?

Yes. If you obtained a disposition of nolle prosequi, Stet, probation before judgment, not guilty or dismissed.

When can I get my criminal arrest record expunged?

If you were convicted and did not receive a disposition of probation before judgment.

If I received the disposition of probation before judgment, can I get my criminal record expunged?

Yes. But you must wait a period of three years from the end of your probation period.

DWI/DUI Are Not Expungeable

If I was found "not guilty" or my criminal charges were "nolle prosequid," do I still need to have my criminal records expunged?

Yes. Even if you were found "not guilty" or your criminal charges were "nolle prosequid," your arrest information remains in the system, and the only way to have that information removed is through the expungement process.

How long does the expungement process take?

It depends. It depends on the jurisdiction or county, it depends on how backed up the expungement clerks are, it depends on the number of agencies involved. But usually, after your petition is filed, three to six months or sooner is the duration of the process.

How do I go about getting my criminal record expunged?

Contact our office at 410-641-2999 so that we can discuss the process.

Why do I need to have my criminal arrest records expunged?

Today, in this economically competitive employment market, it only makes sense to have all your criminal records expunged. Remember if two candidates are applying for the same job and one has a record and the other does not, commonsense would tell you that employer will pick the candidate with a clean record.

Do I have to tell a prospective employer about my criminal ordeal if my criminal records have been expunged?

According to Maryland Law, Criminal Procedure 10-109:

Disclosure of expunged information about civil citations and criminal charges in an application, interview, or other means may not be required for a person who applies for employment, etc.

A person need not refer to or give information concerning an expunged charge when answering a question concerning a criminal charge or civil citation that did not result in a conviction or that the governor pardoned.

Refusal by a person to disclose information about criminal charges or civil citations that have been expunged may not be the sole reason for refusal to hire the person.

Will the public be able to view records on case search after the record is expunged?

No.

Do I need to go to court or attend a hearing to have my record expunged?

In most cases. No.

Call The Firm To Learn More In A Free Initial Consultation

If you would like to get your criminal record expunged, Call our lead attorney Frank Benvenuto, at 410-641-2999 (during business hours) or 443-783-2451 (after hours). You can also reach us via email. The firm is based in Ocean City and serves all of Worcester County, Maryland.