Long after court cases end and defendants complete their sentences, the effects of a criminal conviction linger on. Job implications are a good example. The unemployment rate for convicted felons is close to 30%. This high unemployment rate punishes everyone, and not just defendants. Such ongoing punishment adversely affects everyone, not just individual defendants.

Fortunately, for eligible defendants, Maryland law offers a way out. Some individuals can remove certain criminal records from public view. However, although this relief is available, it’s difficult to obtain. This difficulty underscores the need for a good La Plata, Maryland, criminal defense lawyer from the Law Office of Robert R. Castro in these cases. Only a top-flight attorney effectively advocates for the relief that former defendants need and deserve.

What is Expungement in Maryland?

Quite simply, expungement is the legal process of removing criminal records from public access. In Maryland, expunged records are deleted from police files, court records, and background check databases. In most cases, employers and landlords will no longer be able to see the expunged case, and if asked about prior convictions, you may legally state “none.”

Note that expungement is different from shielding. Record shielding hides records from public view. Expungement completely erases them.

Who is Eligible for Expungement in Maryland?

Maryland law is very broad in this area. It  allows criminal expungement for many types of cases, including:

• Not guilty trial court verdicts,
• Guilty verdicts overturned on appeal,
• Nolle prosequi (dropped) cases that prosecutors dismissed due to a lack of evidence or some similar reason,
• Certain non-conviction outcomes, and
• Some misdemeanor final convictions occur after a required waiting period expires.

These waiting periods vary depending on the case type. In some cases, a Clinton, Maryland criminal defense lawyer can obtain immediate expungement. Others require waiting three years, ten years, or longer. 

Newer Maryland expungement laws have expanded eligibility, making relief available to more individuals than ever before. So, if you were ineligible for relief before, a lawyer may be able to help now.

The Maryland Expungement Process

Typically, this process begins with a Petition for Expungement to the court that handled the case. The petition must include accurate case details, such as the case number, charge, and disposition. In some cases, filing fees may apply.

Once filed, the State’s Attorney has a limited time to object. If there is no objection, the court often grants the expungement without holding a hearing. The probation officer’s non-objection has a similar effect. 

If an objection is filed, the judge holds a hearing. At this hearing, defendants must prove eligibility and benefit, for themselves and for society. Once the judge approves the petition, law enforcement agencies and court systems are ordered to erase the record. This provision underscores the need for detail, as mentioned above.

What are the Benefits of Expungement in Maryland?

For defendants, it’s hard to understate the benefits of expungement. Removing negative data from your criminal record can have life-changing benefits, including:

• Improved Employment Opportunities: We mentioned this benefit above. Some laws prohibit employers from asking about criminal convictions prior to screening interviews. But in follow-up interviews and considerations, criminal convictions are fair game.
• Easier Access to Housing and Loans: Some landlords don’t rent to people with criminal convictions under any circumstances. Others require larger security deposits or put up other hurdles. The same thing applies to bank loans. Some banks cross people off the list altogether, while others make loans more expensive.
• Relief from Stigma: Most people believe that a person with a criminal record, especially a felony record, is a bad person. Furthermore, these individuals must live with law enforcement targets on their backs and constant suspicion.

For many people, expungement is an essential step toward rebuilding their future, making it well worth the cost of filing a petition and partnering with a St. Mary’s County criminal defense lawyer.

Work With a Dedicated Calvert County Lawyer

There’s a big difference between an arrest and a conviction. For a confidential consultation with an experienced criminal defense lawyer in Prince George’s County, Maryland, contact the Law Office of Robert R. Castro, 2670 Crain Highway #411, Waldorf, MD 20601. You can also call us at (301) 870-1200 or go online.

This article has been provided by the Law Office of Robert R. Castro. For more information or questions, contact our office to speak to an experienced lawyer at (301) 870-1200.