Expungement in Maryland J Peter Sabonis Maryland Legal

Expungement in Maryland J. Peter Sabonis Maryland Legal Aid psabonis@mdlab. org 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? • • 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 • • 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 • • • 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 • • • 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