Expunge or Seal Records in Maryland

Under Maryland law, you may be eligible to have your charge expunged. This occurs where:

* You were acquitted (found not guilty); or
* Your charge was dismissed.

Additionally, you can ask for expungement if you were not subsequently convicted of any crime which carried a possible prison sentence if:

* You received Probation Before Judgment; or
* A Nolle Prosequi was entered in your case (This occurs when the prosecutor decides to drop the case either before or during trial. Lawyers commonly refer to this as a “noll pros”); or
* Your case was placed on the “stet docket,” an inactive group of cases which generally are not reopened; or
* Your case was transferred to juvenile court.

If you were convicted of a crime, you can get an expungement only by a full and unconditional pardon of the Govenor.

Generally you must wait three (3) years after your case was decided before you can file for expungement, but the rules vary based on the results of your case:

* If you were acquitted or received a nolle prosequi or dismissal of the charges, you may file earlier if you also file a general release and waiver of any and all people against whom you may have a legal claim as a result of your arrest.
* If you received a probation before judgment, you may not file for expungement until your probationary period is over or until three (3) years have passed, whichever is longer
* If your case was placed on the stet docket, you may not file earlier than three (3) after the judgment.
* If you were pardoned by the governor, you must wait at least five (5) years but not more than ten (10) years after your pardon.

In all above cases, however, a court may grant a petition for expungement at any time if the court feels you have shown good cause.

Your criminal record is available from the Criminal Justice Information System (CJIS). The cost for retrieving your records is $38 and must be paid with a money order or personal or certified check. Cash is not accepted. To get a copy of your records, you must appear between 8 am and 3:30 pm at:

CJIS – Central Repository
Reisterstown Plaza, Room 200
6776 Reisterstown Road
Baltimore, Maryland
(410) 764-5160

For Help with Expngements in Maryland, contact the following attorney:

Law Offices of Frederick J. Brynn, PC
922 Pennsylvania Avenue SE
Washington, DC 20003
Phone: 202-544-7200
Fax: 202-544-7626
http://www.brynnlaw.com