What Felonies Can Be Expunged in Maryland?
Having a criminal record can have significant consequences on various aspects of life, including employment opportunities, housing, and even personal relationships. Fortunately, in the state of Maryland, individuals who have been convicted of certain felonies may have the opportunity to expunge their records, effectively erasing the conviction. Expungement allows individuals to move forward with their lives without the burden of a criminal record. However, it is essential to understand which felonies can be expunged in Maryland and the process involved. In this article, we will explore the felonies that are eligible for expungement and answer some frequently asked questions about this process.
Felonies Eligible for Expungement:
1. Second Degree Assault: If you were convicted of second-degree assault, which is a misdemeanor in Maryland, you may be eligible for expungement. This offense generally involves intentional physical harm or the attempt to cause such harm to another person.
2. Possession of Controlled Dangerous Substance (CDS): Certain CDS possession offenses can be expunged. However, it is essential to note that this does not include possession with intent to distribute, which is considered a more serious offense.
3. Theft: Felony theft offenses can be expunged under certain circumstances. The eligibility for expungement depends on the value of the stolen property and the specific circumstances surrounding the offense.
4. Forgery: Forgery offenses, such as forging documents or signatures, may be eligible for expungement, depending on the severity of the offense and the specific circumstances.
5. Burglary: Some burglary offenses can be expunged, provided they meet certain criteria. The eligibility for expungement depends on the type of burglary and the circumstances surrounding the offense.
6. Controlled Dangerous Substance Distribution: Some convictions related to CDS distribution may be eligible for expungement, depending on the specific offense and circumstances.
7. Prostitution: Certain prostitution-related offenses can be expunged, allowing individuals to move forward without the stigma of a criminal record.
It is important to note that not all felonies are eligible for expungement. Serious crimes such as murder, rape, kidnapping, and arson cannot be expunged in Maryland. Additionally, if an individual has multiple convictions, they may not be eligible for expungement, even if one of the offenses is eligible.
FAQs:
Q: Can I expunge a felony conviction if I have completed my sentence?
A: Yes, completion of your sentence is a requirement for expungement eligibility. This includes serving your prison sentence, paying fines, and fulfilling any probation or parole requirements.
Q: How long do I have to wait before I can apply for expungement?
A: The waiting period for expungement varies depending on the offense. Generally, individuals must wait a specific number of years after completing their sentence before applying for expungement. For example, theft offenses may require a waiting period of five years.
Q: Do I need an attorney to expunge a felony conviction?
A: While it is not mandatory to hire an attorney for expungement, it is highly recommended. An experienced attorney can guide you through the process, ensure that you meet all eligibility requirements, and help increase your chances of a successful expungement.
Q: Will my expunged felony conviction still show up on background checks?
A: Once a felony conviction is expunged, it should not appear on most background checks. However, certain government agencies and law enforcement entities may still have access to the expunged records.
Q: Can I expunge multiple felony convictions?
A: It depends on the specific circumstances. If you have multiple convictions, you may still be eligible for expungement if only one of the offenses is eligible. However, it is crucial to consult with an attorney to determine your eligibility based on your unique situation.
In conclusion, expungement provides individuals with the opportunity to clear their criminal records and move forward with their lives. While not all felonies are eligible for expungement in Maryland, it is crucial to understand which offenses can be expunged and the requirements involved. If you believe you are eligible for expungement, it is advisable to consult with an experienced attorney who can guide you through the process and help you achieve a fresh start.