Expunging a Criminal Record

In some cases, a criminal record may be expunged. Expungement means that information about a criminal offense is removed from court and law enforcement records. In Maryland, a petition, or formal request, must be filed with the court where the crime occurred. A judge must determine whether the petition can be granted.

Additionally, if you were arrested but not charged with a crime, your case is eligible for an expungement. However, depending on the date of your arrest, there are different rules for expungement. Maryland Code §§ 10-103 – 103.1 states that if you were arrested on or after October 1, 2007, your arrest will be AUTOMATICALLY expunged within 60 days of your release from police custody. If you were arrested before that date, you must petition the court for the record to be expunged. There is a time limit for the latter of eight years. This means that within 8 years of arrest, you must file a petition for the expungement.

A Maryland employer or educational institution may not require, as a condition of employment or admission, that you disclose expunged information about yourself. (Md. Code, Criminal Procedure § 10-109.)

The State of Maryland may not require you to disclose expunged information when you apply for a state license, permit, or other registration.

This means that on application questions that ask something like "Have you ever been convicted of a crime?," you can legally answer no.

Expungements apply in Maryland criminal cases for adults and juveniles only.

Make sure you keep copies of the expungement order and all related documents after it is granted. You will never know when you may need them.

If you are seeking to have a criminal record expunged, contact The Law Office of Adina S. Katz at 240-606-4591. We can advise you about your options and help you with the expungement.

#CriminalLaw #Expungement