If you have been charged with a crime in the past, even if the charges were dropped or the case dismissed, that record could still appear in background checks, impacting your ability to find housing, secure a job, or move forward in life. Fortunately, Maryland law allows you to request that your criminal records be sealed or removed from public view through a legal process called expungement.
A Frederick County expungement lawyer could guide you through each step of this process and help determine if you are eligible. An experienced defense attorney could also advocate for your best interests and ensure all documentation is filed correctly.
What Are the Eligibility Requirements for Expungement?
Not all criminal records are treated the same under state law. Depending on the outcome of their case and the nature of the offense, an individual may be eligible to file for expungement. Charges that resulted in an acquittal, dismissal, nolle prosequi (formal abandonment), or probation before judgment (PBJ) may be eligible for expungement after specific waiting periods. Additionally, some convictions for nuisance crimes or marijuana possession could also be eligible, particularly under recent changes to the law.
According to Maryland Criminal Procedure Code § 10-105, individuals must generally wait three years after the disposition of their case to file for expungement, though that period may vary. Filing before the appropriate waiting period could result in a denial, but there are limited circumstances where early filing is permitted with good cause. A person seeking to expunge a record in Frederick County may benefit from speaking with a local attorney who understands how the state laws apply to their unique situation.
The Expungement Process
The expungement process in Frederick County begins with an attorney filing a petition in the proper court once eligibility is confirmed. This usually includes submitting paperwork to the Circuit Court or the District Court, depending on which court heard the original case. The petition must include details such as the case number, dates, and outcomes, and be accompanied by the proper filing fee unless waived.
After filing, the State’s Attorney is notified and has 30 days to object. If there is no objection, and the court agrees that the petitioner is eligible, the judge may grant the expungement without a hearing. However, a hearing is scheduled if an objection is raised, and the petitioner will argue why expungement should be granted. A lawyer familiar with criminal record expungement could represent the petitioner during this hearing and respond to any challenges that arise.
Why Legal Representation Matters
Navigating the expungement process may seem straightforward initially, but procedural errors or misunderstandings about eligibility could cause unnecessary delays or outright denial. Moreover, individuals with multiple cases or charges involving complex circumstances may find it difficult to determine how those elements affect their ability to file.
A Frederick County attorney who routinely handles expungement cases could help clarify the process, file correctly, and represent their client during necessary court proceedings. With professional legal assistance, individuals could avoid common mistakes and increase the likelihood of successfully clearing their records. For many, this could mean a fresh start in their personal and professional lives.
Speak With a Frederick County Expungement Attorney Today
If you are ready to move forward and leave your past behind, a Frederick County expungement lawyer could help you take that next step. The attorneys at Price Benowitz understand the impact a criminal record may have, even years after the fact, and they are ready to assist with the expungement process from start to finish. Whether your case involves an arrest with no charges, a PBJ, or a dismissed charge, our legal team could review your eligibility and provide guidance tailored to your situation.
Do not let a past mistake continue to affect your future. Call Price Benowitz today for a free case evaluation.
