Is there a guilty finding or disposition on your Maryland criminal record that you would like to expunge? In this article, we are going to explain what guilty findings or guilty dispositions can be expunged in Maryland.
Maryland expungement lawyer Randolph Rice has expunged thousands of criminal charges for clients in Maryland.
His unique knowledge of the Maryland expungement laws allows him to help clients clean up their criminal past and succeed in life with a new beginning.
Click here for online expungement in Maryland.
No Longer a Crime Expungement in Maryland
If there is a charge on your record that you were found guilty of, but the conduct on which the charge was based is no longer a crime, then you may be eligible for expungement.
All other charges in the case or unit must also be eligible for expungement. A unit is another word for a case in Maryland.
Guilty of a Specific Nuisance Crime in Maryland, Can It Be Expunged?
Under Maryland Criminal Procedure, there are crimes that are classified as “nuisance crimes.” Those nuisance crimes include:
- urination or defecation in a public place;
- panhandling or soliciting money;
- drinking an alcoholic beverage in a public place;
- obstructing the free passage of another in a public place or a public conveyance;
- sleeping on or in park structures, such as benches or doorways;
- riding a transit vehicle without paying the applicable fare or exhibiting proof of payment; or
- except for carrying or possessing an explosive, acid, concealed weapon, or other dangerous article as provided in section 7-705(b)(6) of the Transportation Article, any of the acts specified in section 7-705 of the Transportation Article;
If you received a guilty disposition for any one of these nuisance crimes, then your criminal record may be expunged, as long as all other crimes under that case are eligible for expungement. Read more for how long you have to wait to expunge the crime.
How Long Until a Nuisance Crime Can Be Expunged in Maryland?
A petition to expunge a nuisance crime cannot be file earlier than:
- three (3) years since either the conviction, or
- satisfactory completion of the sentence, including probation.
Therefore, if the probation or sentence was longer than 3 years, then the petition may not be filed until the probation or sentence has concluded. If the probation has ended, then the petition for expungement cannot be filed until 3 years after the disposition in the case.
Exception to Nuisance Crime Expungement in Maryland
A petition for expungement based on a nuisance crimes cannot be file while the individual is now a defendant in any pending criminal action.
Expungement of Possession of Marijuana in Maryland
Can a guilty for possession of marijuana be expunged in Maryland. Yes, under very specific conditions. You must have been found guilty of (Possession of marijuana) under Criminal Law Article section 5-601.
How Long Until I Can Expunge a Marijuana Conviction in Maryland?
An expungement for possession of marijuana cannot file until four (4) years have passed since:
- the later of the conviction or
- satisfactory completion of the sentence, including probation.
Therefore, if the sentence or probation was longer than 4 years, then you must wait until the probation of sentence has concluded. If the sentence or probation was not longer than 4 years, then you must wait 4 years from the date you went to court and the judge entered the guilty finding.
Exception to Expunging Possession Charges in Maryland (Pending Charges)
A petition to expunge a possession of marijuana charges in Maryland cannot be filed if the individual is currently a defendant in any pending criminal action.
Pardon Expungement in Maryland
If you were granted a full and unconditional pardon by the Governor for a conviction, that conviction may be eligible for expungement. However, there are some exceptions to the rule.
The crime you are attempting to expungement based on a pardon may not be defined as a crime of violence pursuant to Criminal Law Article 14-101(a).
Crimes of violence include:
- arson in the first degree;
- manslaughter, except involuntary manslaughter;
- armed carjacking;
- sexual offense in the first degree;
- sexual offense in the second degree;
- use of a handgun in the commission of a felony or other crime of violence;
- an attempt to commit any of the crimes described in items above;
- assault in the first degree;
- assault with intent to murder;
- assault with intent to rape;
- assault with intent to rob;
- assault with intent to commit a sexual offense in the first degree; and
- assault with intent to commit a sexual offense in the second degree.
If the crime was any one of the above listed, then the petition for expungement will be denied.
You must wait 10 years from the date that the Governor signed the pardon to file the expungement.
And, you cannot be a defendant in any pending criminal actions.
If you meet all of these conditions, then you may be eligible to expunge a pardoned conviction.
Guilty Misdemeanor Expungement in Maryland
Certain crimes that are classified as “misdemeanor” that were entered as a guilty disposition may be expunged in Maryland.
How long until these crimes may be expunged?
Ten years must have passed since the satisfactory completion of the sentence(s) imposed for all convictions for which expungement is requested, including parole, probation, or mandatory supervision.
Another Conviction Since the Guilty
Since the date of conviction the individual seeking an expungement amy not not been convicted of a crime not now eligible for expungement. This does not include probation before judgment dispositions.
Pending Criminal Charges – Not Eligible for Expungement
If a person seek an expungement under this law is now a defendant in any pending criminal action, then they cannot file for an expungement at this time. They must resolve or have the pending criminal case closed before they can file to expunge a guilty misdemeanor.
Those crimes that are eligible to be expunged, if the defendant was found guilty include:
- Section 6-320 of the Alcoholic Beverages Article;
- An offense listed in section 17-613(a) of the Business Occupations and Professions Article;
- Section 5-712, section 19-304, section 19-308, or Title 5, Subtitle 6 or Subtitle 9 of the Business Regulation Article;
- Section 3-1508 or section 10-402 of the Courts Article;
- Section 14-1915, section 14-2902, or section 14-2903 of the Commercial Law Article;
- Section 5-211 of the Criminal Procedure Article;
- Section 3-203 or section 3-808 of the Criminal Law Article;
- Section 5-601, section 5-618, section 5-619, section 5-620, section 5-703, section 5-708, or section 5-902 of the Criminal Law Article;
- Section 6-105, section 6-108, section 6-206, section 6-303, section 6-306, section 6-307, section 6-402, or section 6-503 of the Criminal Law Article;
- Section 7-104, section 7-203, section 7-205, section 7-304, section 7-308, or section 7-309 of the Criminal Law Article;
- Section 8-103, section 8-206, section 8-401, section 8-402, section 8-404, section 8-406, section 8-408, section 8-503, section 8-521, section 8-523, or section 8-904 of the Criminal Law Article;
- Section 9-204, section 9-205, section 9-503, or section 9-506 of the Criminal Law Article;
- Section 10-110, section 10-201, section 10-402, section 10-404, or section 10-502 of the Criminal Law Article;
- Section 11-306(a) of the Criminal Law Article;
- Section 12-102, section 12-103, section 12-104, section 12-105, section 12-109, section 12-203, section 12-204, section 12-205, or section 12-302 of the Criminal Law Article;
- Section 13-401, section 13-602, or section 16-201 of the Election Law Article;
- Section 4-509 of the Family Law Article;
- Section 18-215 of the Health – General Article;
- Section 4-411 or section 4-2005 of the Human Services Article;
- Section 27-403, section 27-404, section 27-405, section 27-406, section 27-406.1, section 27-407, section 27-407.1, or section 27-407.2 of the Insurance Article;
- Section 5-307, section 5-308, section 6-602, section 7-402, or section 14-114 of the Public Safety Article;
- Section 7-318.1, section 7-509, or section 10-507 of the Real Property Article;
- Section 9-124 of the State Government Article;
- Section 13-1001, section 13-1004, section 13-1007, or section 13-1024 of the Tax – General Article;
- The common law offenses of affray, rioting, criminal contempt, or hindering; or
- An attempt, a conspiracy, or a solicitation of any offense listed in items (1) through (25) of this subsection.
Assault & Battery Expungement in Maryland
Expungement may be filed for a prior conviction for an assault (Criminal Law Article section 3-202) common law battery, or for an offense classified as a domestically related crime under Criminal Procedure Article section 6-233. This does not include the expungement of peace or protective orders issued in Maryland.
How Long Until An Expungement for Assault Can Be File?
An expungement based on an assault or battery cannot be filed until Fifteen (15) years have passed since the satisfactory completion of the sentence(s), imposed for all convictions for which expungement is requested, including parole, probation, or mandatory supervision.
Other Exceptions and Rules for Battery and Assault Expungement in Maryland
If since the date of conviction the individual seeking an expungement of an assault or battery charge has been convicted of a crime, then they are not eligible for expungement.
Also, the individual seeking an expungement for an assault cannot now be a defendant in any pending criminal action.
Maryland Expungement Lawyer
So you want to file for an expungement in Maryland? Do you want it done right? Use the online expungement service MarylandExpungement.com.
There you will answer some simple questions about yourself and background. If eligible, you can make payment online and the expungement lawyers with the Law Offices of Randolph Rice will take care of the rest. Visit the site to learn more about expunging a guilty disposition in Maryland.