Transcript Expungement in Maryland

Expungement in Maryland
J. Peter Sabonis
Maryland Legal Aid
[email protected]
443-451-2451
Expungement
• Generally—Only Non Convictions can be
expunged: PBJs, Nol Pros, Stet,
Dismissal, Acquittal (Definitions coming)
• Recent change in law allowing some
convictions to be expunged
• Panhandling conviction
• Public drinking-urinating-obstruction
passage conviction
• No proof MTA-loitering-park violations
What is a Conviction and What
Isn’t?
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Guilty = Conviction
Non Convictions =
Probation Before Judgment
Stet
Nol Pross
Dismissal
Acquittal
Probation Before Judgment
• Sufficient evidence exists to convict, but court
allows defendant to escape the stigma of
conviction through an agreement to abide by the
terms of probation
• Generally defendant pleads Guilty, No Contest,
or found Guilty
• If Probation violated, court can enter conviction
later
• Is NOT a conviction for the” purpose of any
disqualification or disability imposed by law
because of conviction of a crime.” Crim Pro 6220
Stet
• The State postpones the trial
• Indefinitely (forever)
• May be rescheduled by request of state
within one year
• After one year, state needs to show “Good
Cause” for rescheduling it
• MD Rule 4-248
Nolle Prosequi
• MD Rule 2-247
• State Terminates the Prosecution
• Charge is technically dismissed but
disposition is “Nolle Prosequi”
Expungement and STET or PBJ
• Like Nol Pros – if you’ve been
CONVICTED since the time of the Stet or
PBJ, you have lost your right to expunge
the stet or PBJ
• Also, must wait three years to file
expungement request (3 yrs after entry)
Expungement & Nol Pross
• Aside from those Nuisance crimes, only
NON-CONVICTIONS can be expunged
• Special Rules depending on the nonconviction
• Nol Pross? Expunge anytime as long as
not convicted of a criminal offense
SINCE time of nol pross
• Example: 01 Nol Pross, then 08
Conviction—you are out of luck
Expungement Process
• File Expungement Petition in Court in
which the PBJ, Stet, Nol Pross, Dismissal,
Acquittal occurred
• Filing Fee Waiver is available-ask for it
• Roughly 60 days—Order of expungement
issued
• Then appropriate agencies must file
Compliance certificates with Court
Expungement Example
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03 Stet– CDS possession
04 PBJ– possession
05 Stet—theft less than $300
Nothing since? Can expunge them all
now because no convictions that 3 yrs
have passed from entry of each
• File Petition
• Await Orders of Compliance
Expungement Example II
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03 Stet– CDS possession
04 PBJ– possession
05 Stet—theft less than $300
06 Guilty– CDS possesion
CONVICTION extinguishes right to
expunge these charges (Stet, PBJ or Nol
Pros)
Expungement Example III
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03 Dismissed– CDS possession
04 Dismissed– possession
05 Dismissed—theft less than $300
06 Guilty– CDS possession
Still can expunge the Dismissals
CONVICTION extinguishes right to
expunge a Stet, PBJ or Nol Pros
Expungement Summary
• Really only good for folks without
convictions
• But New Law allows nuisance crime
convictions to be expunged
• PBJ and Stet—Need to wait three years
from entry of each to file
• All time periods can be waived on “good
cause” showing