What Charges Can Be Expunged in Maryland
In Maryland, individuals with a criminal record may be eligible to have their charges expunged. Expungement is a legal process that allows for the removal of certain charges from an individual’s criminal record, providing them with a fresh start and the opportunity to move forward without the burdens of past mistakes. However, not all charges can be expunged, and it is important to understand which offenses are eligible for expungement in Maryland.
Eligible Charges for Expungement
In Maryland, a wide range of charges can be expunged, including:
1. Charges that resulted in acquittal or dismissal: If an individual was charged with a crime but was acquitted at trial or had the charges dismissed, they may be eligible for expungement. This includes charges that were dismissed as part of a plea agreement or as a result of a nolle prosequi (a decision by the prosecution not to proceed with the case).
2. Charges that did not result in a conviction: In cases where an individual was charged with a crime but the charges were dropped, they may be eligible for expungement. This could include charges that were dropped due to lack of evidence, witness non-cooperation, or other reasons.
3. Certain misdemeanor convictions: Some misdemeanor convictions can be expunged in Maryland. Eligible misdemeanors include certain drug offenses, minor theft offenses, and other non-violent offenses.
4. Certain juvenile offenses: Maryland has specific rules regarding the expungement of juvenile offenses. In general, offenses committed as a minor may be eligible for expungement once certain conditions are met, such as reaching a certain age or completing a period of good behavior.
5. Nolle prosequi or stet docket entries: If a case was placed on the nolle prosequi or stet docket (a status where the prosecution decides not to proceed with the case), the charges may be eligible for expungement. However, it is important to consult with an attorney to determine if the specific case qualifies for expungement.
Frequently Asked Questions (FAQs)
Q: How long does it take to get a charge expunged in Maryland?
A: The expungement process in Maryland can vary in length, depending on various factors such as the complexity of the case and the court’s workload. On average, it takes around three to six months for an expungement to be processed. It is important to note that expungements are not immediate, and it is advisable to consult with an attorney for a more accurate timeline.
Q: Can I expunge multiple charges at once?
A: Yes, it is possible to expunge multiple charges at once in Maryland. However, it is important to consult with an attorney to understand the specific requirements and limitations for expunging multiple charges.
Q: Can I expunge a DUI conviction in Maryland?
A: No, DUI (Driving Under the Influence) convictions cannot be expunged in Maryland. DUI convictions are considered serious offenses and are not eligible for expungement under Maryland law.
Q: Can I expunge a felony conviction in Maryland?
A: Generally, felony convictions cannot be expunged in Maryland. However, there are some limited exceptions for certain non-violent felony convictions, such as drug offenses. It is advisable to consult with an attorney to determine if a specific felony conviction is eligible for expungement.
Q: Do I need an attorney to file for expungement in Maryland?
A: While it is possible to file for expungement without an attorney, it is highly recommended to seek legal assistance. An attorney can guide you through the process, ensure that all necessary paperwork is completed accurately, and increase the chances of a successful expungement.
In conclusion, expungement in Maryland provides individuals with an opportunity to have certain charges removed from their criminal record. It is important to understand which charges are eligible for expungement and to consult with an attorney for guidance through the expungement process. Expungement can offer a fresh start and open doors to new opportunities for individuals with a criminal record in Maryland.