Expunging and Sealing Records in Maryland
Sealing and expunging cases in Maryland can be a lifesaver for someone looking for a job, trying to purchase a firearm, or anyone who just doesn’t want their personal information up on a court’s website for the world to see.
What is an expungement versus a shielding?
An expungement means to remove information from public inspection by obliteration or by removing the records to a separate and secure area where only someone with a legitimate reason for inspection may access the record. An expungement has legal implications with respect to how and when the expunged case may be referenced or must be disclosed that do not apply to a shielding.
A shielding means to remove the records kept in a courthouse to a separate secure area where only someone with legitimate reason may access the record and completely removing all information concerning the proceeding from the public website, including the names of the parties, case numbers, and any reference to the proceeding or any reference to the removal of the proceeding from the public website. Shielding records applies in the civil context, not the criminal context. This is most often seen when dealing with peace orders and protective orders.
What is the effect of an expungement or a shielding?
Expungements:
In most circumstances, an expungement eliminates access to an arrest or criminal record, thereby shielding it from public view. Whether an expungement will remove a record from the NCIC/FBI database will depend on whether it was a conviction or a non-conviction that was expunged. Convictions that are expunged will not appear on a MD criminal background check but may still appear on a National Crime Information Center (NCIC) record. If the expungement is for an arrest that did not result in a conviction, or for criminal charges that were resolved via a dismissal, judgment of acquittal, STET, or probation before judgment (PBJ), the expungement will also have the effect of removing the record from the NCIC database.
In Maryland, taking certain adverse actions against someone based on an expunged case is a criminal offense punishable by up to 1 year in jail and/or a $1,000 fine. This often comes into play when someone is applying to purchase a firearm or applying for a carry permit. This means that there is a legal effect that an expungement has independent of removing the case from public view.
Disclosure of information about criminal charges that have been expunged may not be required: (i) by an employer or educational institution of a person who applies for employment or admission; or (ii) by a unit, official, or employee of the State or a political subdivision of the State of a person who applies for a license, permit, registration, or governmental service. In addition, a person is not required to refer to or give information concerning an expunged charge when answering a question concerning (i) a criminal charge that did not result in a conviction; or (ii) a conviction that the Governor pardoned. Refusal to disclose information about expunged criminal charges may not be the sole reason for: (i) an employer to discharge or refuse to hire the person; or (ii) a unit, official, or employee of the State or a political subdivision of the State to deny the person’s application.
Shielding
While peace and protective orders are not criminal cases and will not show up on a criminal background check, many people do not want any publicly available records of the proceedings, because it is embarrassing, or maybe they have a security clearance. This is not to say that disclosure of the case may not be required for applications and/or renewals of security clearances, as this bears on the particular situation and circumstance. Once a peace or protective order is shielded, it will no longer be viewable by the public.
What charges/cases are eligible for expungement?
Maryland has very liberal expungement laws compared to many other states. If your case is dismissed or you are found not guilty, you are immediately eligible to expunge both the court and arrest records. If you file an expungement petition within 3 years of the case’s conclusion, you must also submit a waiver form, asserting your waiver of your right to sue the arresting law enforcement agency or the complainant in your case.
If your case was resolved with a probation before judgment (PBJ) or a STET with the condition of drug or alcohol abuse treatment, you may file an expungement petition on whichever of the following dates is later: 1) the date probation was completed or the drug/alcohol treatment was completed; or 2) three (3) years after the probation was granted or STET with the requirement of drug/alcohol abuse treatment was entered on the docket. Thus, the earliest that a case may be expunged pursuant to a PBJ disposition is 3 years after the entry of the PBJ. DUI-related cases are never eligible for expungement, regardless of the entry of a PBJ.
Expungement is also available for cases transferred to juvenile court and for crimes based on an act that is no longer a crime (i.e. possession of marijuana by a person over 21).
There are many misdemeanor convictions that may be expunged 3-5 years after the completion of the sentence, including probation. It’s an extensive list, so consult a criminal defense attorney about your options if you or someone you know has a case that may be eligible for expungement. Certain felonies may be expunged 7-10 years after the completion of the sentence, including probation. Possession with intent to distribute marijuana may be filed 3 years after the completion of the sentence, including probation.
What cases are eligible for shielding?
A peace order or protective order that was denied or dismissed may be shielded under the following circumstances:
That the petition was denied or dismissed at the interim, temporary, or final peace order stage of the proceeding;
That a final peace order or protective order has not been previously issued against the respondent in a proceeding between the petitioner or the petitioner’s employee and the respondent;
That the respondent has not been found guilty of a crime arising from an act described in § 3-1503(a) of this subtitle against the petitioner or the petitioner’s employee; and
That none of the following are pending at the time of the hearing:
An interim or temporary peace order or protective order issued against the respondent in a proceeding between the petitioner or the petitioner’s employee and the respondent; or
A criminal charge against the respondent arising from an alleged act described in § 3-1503(a) of this subtitle against the petitioner or the petitioner’s employee.
A court may deny the shielding if it does not find good cause to shield the case. The judge must weigh the privacy of the petitioner (or their employee) or the respondent and the potential danger of adverse consequences to the petitioner (their employee) or the respondent against the potential risk of future harm and danger to the petitioner (or their employee) and the community.
A peace or protective order that was consented to may be shielded if the Petitioner consents, the order was not violated, there were no prior final protective or peace orders between the parties, and the Respondent has not been found guilty of a crime arising out of the facts alleged in the order. There can be no pending peace or protective orders or criminal charges against the Respondent. If the Petitioner does not consent to the shielding at the first hearing, the Respondent may request for another shielding one year from the date of the first hearing.
If you have questions about whether a case can be expunged or shielded, contact us at 240-396-4373 to discuss your options.
