How to Get a Felony Expunged in Maryland

Yes, expunging a conviction in Maryland is possible under specific conditions. However, not all felonies are eligible for expungement. Under Maryland law, serious felonies such as those involving death, sexual offenses, and certain violent crimes are generally not eligible for expungement.

Before diving into the felony expungement process, it’s important to understand the concept of criminal cases and convictions. A criminal conviction is a formal judgment of guilt that is entered by a court against an individual.

Having a conviction on your record can create numerous challenges in the future, including:

• Employment opportunities: It may be harder for you to find a job
• Professional licenses: It can affect your ability to obtain professional licenses
• Housing: Landlords often check criminal records and may deny rental applications based on past convictions
• Education: Some institutions may refuse admission or deny financial aid to individuals with criminal records
• Voting rights: A conviction can impact your ability to vote in local or national elections
• Firearm rights: It may affect your right to obtain or carry a firearm

Even if a criminal case does not result in a conviction, the record of your arrest and prosecution will typically remain on your criminal record, which can impact your life similarly to a formal conviction. This is why Maryland allows individuals who were not convicted, including those with felony charges, to seek an expungement.

Factors Influencing Felony Expungement

Navigating the expungement process in Maryland can be challenging due to various factors that may impact a person’s ability to obtain a felony expungement. Some of these factors include:

• Nature and Severity of the Felony: The type and seriousness of the felony greatly influence eligibility for expungement
  • Once again, certain serious felonies, such as violent crimes, may not be eligible
• Time Elapsed Since Completion of Sentence: The waiting period for expungement starts after completing the sentence, including probation or parole
  • In Maryland, several years must typically pass before applying for a felony expungement
• Compliance with Sentence Terms: To be eligible, you must have complied with all terms of your sentence, including paying fines, restitution, and completing probation or parole requirements
• Subsequent Criminal Offenses or Charges: Any additional offenses or charges after the initial felony conviction can affect eligibility
  • A clean record since the conviction demonstrates good behavior and increases the chances of expungement
• Court Jurisdiction: The specific court where the expungement petition is filed can influence the outcome, as courts may have different interpretations of the law and standards for granting expungements
• Demonstration of Rehabilitation and Good Character: Providing evidence of rehabilitation, such as steady employment, educational accomplishments, or community service, can positively impact your petition
• Impact on Individual’s Life: Demonstrating how the conviction has hindered your ability to lead a productive life can support your expungement case
• Judicial Discretion: The judge will have the final say in granting an expungement and will consider factors like your behavior since the conviction, the nature of the crime, and public safety
• Fees: Court filing fees for a felony expungement petition in Maryland vary.
  • If you cannot afford the fee, you can request a waiver by filing a Motion for Waiver of Prepaid Costs

Understanding all of the above factors can help you better navigate the expungement process in Maryland. You may also wish to consult with an attorney, as they can provide you with guidance and increase your chances of a successful expungement.

Which Felonies Can Be Expunged?

In Maryland, certain felonies can be expunged under specific conditions. Understanding which felonies are eligible for expungement and the process involved can help individuals with a criminal record take steps toward a fresh start.

Here are some of the felonies that can be expunged in Maryland:

• Theft: This includes various types of theft, such as motor vehicle theft and other property theft offenses
  • Expungement eligibility for theft depends on factors such as the severity of the offense and the time elapsed since the conviction
• Possession with Intent to Distribute a Controlled Substance: Felonies involving the possession with intent to distribute certain controlled substances may be eligible for expungement
  • Restrictions and specific criteria apply, so it’s essential to consult legal guidelines
• Burglary: First, second, and third-degree burglary offenses may be eligible for expungement under certain conditions
  • The eligibility criteria include the time since the conviction and compliance with sentencing terms.

The Process of Expunging a Felony

In Maryland, the process of expungement involves several steps, including:

• Eligibility Check: Determining whether the felony is eligible for expungement based on Maryland laws and the specific circumstances of the case
• Petition Filing: Submitting a formal petition for expungement to the appropriate court. This petition must include all relevant details and supporting documentation
• Court Review: The court will review the petition, considering factors such as the nature of the offense, the time elapsed since the conviction, and the individual’s behavior since the conviction
• Hearing: In some cases, a court hearing may be required to present the case for expungement. The petitioner may need to demonstrate evidence of rehabilitation and good character
• Decision: The judge will make a decision based on the information provided and the legal standards for expungement. If granted, the expungement will remove the conviction from the individual’s criminal record

Consulting with a legal professional can provide guidance on the specific eligibility criteria and the expungement process in Maryland. An attorney can help navigate the complexities of the legal system and increase the chances of a successful expungement.

If a Felony Is Expunged, Does That Mean It Is Totally Erased From My Record?

If a felony is expunged in Maryland, it means that the records related to the arrest, charge, and conviction are removed from public access. However, it’s important to understand that expungement does not completely erase the record in all contexts.

When a felony is expunged in Maryland:

• Public Records: The expunged record is removed from public databases and will not show up in background checks conducted by most employers, landlords, or educational institutions
• Law Enforcement and Government Agencies: Certain law enforcement and government agencies may still have access to the expunged record for specific purposes, such as criminal investigations or employment in sensitive positions
• Legal Proceedings: The expunged record may still be used in certain legal proceedings, such as sentencing for future offenses or in family law cases

While expungement significantly reduces the visibility of a criminal record and provides individuals with a fresh start, it does not entirely eliminate the existence of the record.

Which Felonies Are Not Eligible for Expungement?

It is important to note that not all felonies are eligible for expungement in Maryland. Serious felonies that generally do not qualify for expungement include:

• Felonies Involving Death: Offenses that result in the death of another person are typically not eligible for expungement
• Sexual Offenses: Serious sexual offenses, including those requiring registration as a sex offender, are usually not eligible for expungement
• Violent Crimes: Felonies involving significant violence or harm to others often cannot be expunged

Do I Need an Attorney for Help With Felony Expungement?

If you have been charged with or convicted of a felony in Maryland and are considering seeking an expungement, it is recommended to consult with a Maryland expungement lawyer. LegalMatch can help you arrange a consultation with a local Maryland lawyer.

An expungement lawyer can guide you through Maryland’s specific laws regarding felony expungement, ensuring that you meet the eligibility criteria. They can also assist you in preparing and filing the necessary legal documents and represent you at any court hearings.