Expungement MARYLAND VOLUNTEER LAWYERS SERVICE 1 Criminal Record

Expungement MARYLAND VOLUNTEER LAWYERS SERVICE 1

Criminal Record Consequences ØEven if you received a not guilty on your criminal case, it is still publically available. You have to take the affirmative step to remove that record. ØA criminal record, even one where you were not found guilty can affect ØHousing ØEmployment ØSchool ØSocial Circles 2

Expungement Statistics ØIn 2014 in Baltimore City District Court, 75% of all concluded cases were expungeable. ØThere are currently at least 800, 000 expungeable cases in Baltimore City alone. ØThe picture on the right shows a small section of west Baltimore. Each pin is an expungeable case. 3

Expungement Generally ØTwo Factors: The disposition and the disposition date of the charges in a case are generally all you need to determine expungeability. ØGeneral Rule: A case with a guilty disposition on any charge is not expungeable. If a case does not contain a Guilty, then it is likely expungeable. ØUnit Rule: The whole case is expungeable or none of it is expungeable. Cannot expunge individual charges. Ø Criminal Only: Expungement law under Criminal Procedure 10 -105 covers criminal matters only. Civil cases cannot be expunged under 10 -105. ØProcess: Start with the worst disposition in the case. If that disposition can be expunged, then move on to the next. If it can’t be expunged then stop because the case is not expungeable. 4

Convictions Category 1 - Worst ØGenerally guilty convictions are NOT expungeable. ØException 1: Nuisance crimes – Convictions for the nuisance crimes below are expungeable. ØUrinating in public, panhandling, drinking alcohol in public, vagrancy, loitering, using transit w/out payment, sleeping in public ØTransit offenses (7 -705) Ø This covers minor violations like consuming food or drink on a transit vehicle or playing a radio without headphones ØIf found NCR (not criminally responsible), then trespass, telephone misuse, disturbing the peace is also expungable ØWaiting Period: 3 years after completion of sentence ØException 2: No Longer a Crime – Convictions for an act no longer a crime are expungeable. Øex. marijuana possession less than 10 grams, no longer a crime ØCase search website may not indicate amount ØImmediately expungeable. No waiting period. 5

Gray Area Dispositions Category 2 - Medium ØStet – expungeable after a 3 year waiting period ØProbation Before Judgement (PBJ) – expungeable after 3 year waiting period or completion of probation, whichever longer ØIf there is no subsequent conviction within 3 years ØDUIs can’t be expunged ØGood Cause: If a client has a particular good reason for needing a Stet or a PBJ expunged earlier than then 3 years minimum, you can petition the court to expunge it earlier for good cause. This does require a hearing. 6

Non-Convictions Category 3 - Best ØNolle Prosequi – Expungeable immediately ØNot Guilty/Acquittal - Expungeable immediately Ø Dismissal - Expungeable immediately ØJuvenile Transfer – If you were charged as adult, but then transferred to juvenile ØThe original Adult charge can be expunged from your record ØThere is a separate process for juvenile expungement (see slide 22) ØExpungeable immediately ØWaiting Period: No waiting period but if filing within 3 years of the date of disposition, the client needs to file a Waiver of Liability as well. 7

Expungeable Disposition Overview ØNolle Prosequi (Immediately) ØNot Guilty/Acquittal (Immediately) ØDismissal (Immediately) ØJuvenile Transfer (Immediately) ØStet (3 Years) ØPBJ (3 Years or length of the probation whichever longer) ØGuilty (Marijuana < 10 g) (Immediately) ØGuilty/NCR (Nuisance Crime) (3 Years) 8

Example 1 EXPUNGEABLE 9

Example 2 NOT EXPUNGEABLE 10

Sample Sheet 11

Expungement Form ØMain petition ØForm CC-DC-CR-072 ØSimply check the appropriate boxes indicating why the case is expungeable. You can and sometimes have to select multiple boxes. 12

Liability Waiver ØWaives all claims the client may have relating to the arrest. ØClient must sign if filing before 3 years. ØCC-DC/CR 78 13

MLSC/OPD Fee Waiver ØAutomatically waives the $30 court filing fee. ØOnly applies to people are who income eligible and a client of an MLSC funded organization. ØCC-DC-088 14

Complications Ø Pending criminal proceeding ØAny request for expungement filed while there is a pending criminal action will be denied Ø Cases yet to go to trial. Ø First year of stet Ø Probation on a Probation Before Judgment Ø Does not include probation as a part of a Guilty conviction. ØCivil Citations that could not be charged as a crime ØNon-Incarcerable/Minor Traffic Offenses ØAlso known as minor traffic offenses. ØMinor traffic offenses do not count toward the Unit Rule. A conviction for a minor traffic offense will not block an otherwise expungeable case. ØThe MVA has a separate expungement process for non-incarcerable traffic offenses. 15

Minor/Major Traffic Offenses To the Left: Minor or Non-Incarcerable Traffic Offense To the Right: Major or Incarcerable Traffic Offense 16

Determining Your Record Ø Maryland Judiciary Case Search Øhttp: //casesearch. courts. state. md. us/casesearch ØCase Search only goes back to the 1990 s ØBe aware – information may be missing or wrong; names are commonly misspelled ØExample: Would not include an arrest and release without formal charges, although this would be on your record Ø Criminal Justice Information System (CJIS) – will include any activity that involved being fingerprinted ØTo obtain CJIS, go between 8: 30 a. m. and 6: 00 p. m. , Monday through Friday, and the 1 st and 3 rd Saturday of the month from 8: 00 a. m. and 4: 30 p. m. to Reisterstown Plaza, 6776 Reisterstown Road, Suite 102, Baltimore, Maryland. ØCost is $38. 00 payable in money order, certified or personal check to CJIS-Central Repository. Cash is not accepted. 17

Filing Your Expungement Ø When completing the form, use caution to not include incriminating information ØGenerally, just list what the crime was that you were charged with ØIf you are listed as co-defendant ØWhen an expungement order is issued in your case, it should remove your listing as co-defendant as well ØOne Petition Per Incident: Add the other case number(s) on one expungement petition. ØCircuit Court: 801652818 + 6 B 123021 ØTraffic: T 473050 + T 473051 + T 473052 ØFile in the Courthouse where the case was decided. 18

Filing Your Expungement Øhttp: //mdexpungement. com/ ØPut in each case number, and it will automatically determine if the case is likely expungable ØWill assemble petition documents for court submission ØEach petition is $30, unless request filing fee waiver or assisted by legal services organization ØNo filing fee for Not Guilty ØPetitions for a client don’t have to all be filed at the same time: If you file a petition, and then identify more expungable items, you can file more petitions ØCopies: Generally recommended you bring five copies of the petition to file. Four for the Court and one for your records. 19

Once Your Expungement is Filed ØStates’ Attorney has 30 days to object ØIf there is an objection, a hearing will be scheduled ØIt is supposed to take 90 days for the court to issue the order to expunge ØIn Baltimore City, the process can take 4 to 7 months ØOnce the order is issued: ØCourt removes records in approximately 24 -48 hours ØAgencies (police department, criminal record bank, etc. ) have 60 days 20

Red Flag Issues for Expungement ØIf you are not a United States citizen – use caution ØCan create issues between state and federal records ØConsult an immigration attorney ØPrivate, third party businesses that perform background checks for a fee can’t be made to remove your record ØThey may pull your data before your record has been expunged and then keep that information in their system ØWhen someone pays for a background check, they may get your record as it was before the expungement 21

Removing Other Records ØRelease Without Charge ØTraffic Offenses ØJuvenile Offenses ØShielding ØPardon 22

Release Without Charge Ø For RWOC (release without charge) ØYou can request to do this expungement with the police department that arrested you ØThis requires a different form specific to each police department ØFrom Oct. 1, 2007 forward, these should be automatically removed ØArrests prior to then – not removed without expungement 23

Minor Traffic Offenses ØMVA Expungement: ØMust file request with the Motor Vehicle Administration ØApplies only to minor traffic offenses (generally, those that are payable with a fine) ØFee: There is no fee for requesting a MVA expungement, although you will need to get a driving record (approximately $10) ØGo to the MVA to request the form or go to the MVA website ØMVA will automatically expunge your driver record 3 years after a conviction if: ØYou were not convicted of another moving violation or criminal offense involving a motor vehicle during the previous 3 years; and ØYour driver’s license has never been suspended or revoked; and ØYou have never been convicted of, or been granted Probation Before Judgment (PBJ) for DUI or failing to remain at scene of accident resulting in injury or death 24

Shielding ØShielding does not destroy the record, but removes it from public view ØYou can only shield your record once Ø In no more than one court (district or circuit) and one county ØSpecific nonviolent misdemeanor convictions Ø Ø Ø Disorderly Conduct under § 10 -201(c)(2) of the Criminal Law Article; Disturbing the Peace under § 10 -201(c)(4) of the Criminal Law Article; Failure to Obey a Reasonable and Lawful Order under § 10 -201(c)(3) of the Criminal Law Article; Malicious Destruction of Property in the Lesser Degree under § 6 -301 of the Criminal Law Article; Trespass on Posted Property under § 6 -402 of the Criminal Law Article; Possession or Administering a Controlled Dangerous Substance under § 5 -601 of the Criminal Law Article; Possession of Administering a Noncontrolled Dangerous Substance under § 5 -618(a) of the Criminal Law Article; Use of or Possession with Intent to Use Drug Paraphernalia under § 5 -619(c)(1) of the Criminal Law Article; Driving without a License under § 16 -101 of the Transportation Article; Driving While Privilege is Canceled, Suspended, Refused, or Revoked under § 16 -303 of the Transportation Article; Driving While Uninsured under § 17 -107 of the Transportation Article; or A Prostitution Offense under § 11 -306(a)(1) of the Criminal Law Article if the conviction is for Prostitution and not Assignation. ØThere is a 3 year waiting period AFTER completing any parole, probation, etc. ØNo pending criminal activity ØNo subsequent convictions (guilty) 25

Juvenile Sealing & Expungements ØWhy expunge your juvenile record? Ø Record will show up as “sealed”, better to expunge and entirely remove, if eligible ØThese factors must be in place: Ø You are 18 or older and it has been 2 years since juvenile action Ø You were adjudicated delinquent only once Ø There has been no conviction since the juvenile case Ø You have had no pending delinquency or criminal matters Ø You can’t expunge a juvenile offense that if you were tried as an adult would be a felony, violent crime or 4 th degree sexual offense Ø You were not required to register as a sex offender Ø The case didn’t involve a firearm in a crime of violence Ø All restitution has been fully paid; and Ø The outcome of the case was nol pros, dismissed, didn’t find allegations to be true, or not held within 2 years after petition filed Ø Court also considers Ø Individual’s best interest Ø Individual’s stability in community Ø Safety of public 26

Pardons ØVery limited ØGranted by Governor and discretionary ØMVLS and other legal service providers do not assist with pardons ØFor more information, please visit https: //www. dpscs. state. md. us/publicservs/pardons. shtml 27

Get Help with Expungements ØMaryland Volunteer Lawyers Service ØPhone intake – (800)510 -0050 ØOnline – http: //mvlslaw. org/get-legal-help/apply-for-services/ Ø Homeless Persons Representation Project ØPhone – 410 -685 -6589 Øhttp: //www. hprplaw. org/ Ø Office of the Public Defender – if you are already represented by OPD in criminal matter ØLegal Aid Bureau – Lawyer in the Library clinic ØEnoch Pratt Free Library, Pennsylvania Avenue branch, 1531 W. North Avenue, Baltimore, MD 21217 Ø 4 th Saturdays of the month – 12 – 2 pm 28

Need Legal Help? Maryland Volunteer Lawyers Service can help. MVLS is a nonprofit organization that provides quality pro bono civil legal assistance to Marylanders with limited or no income at low or no cost. Sample of cases MVLS can assist with: Adoption Divorce & Custody Public Benefit Denial Adult and Child Guardianship Income Tax Disputes Reinstatement of License (not auto) Bankruptcy – Chapter 7 Landlord/Tenant Disputes School Suspension Contract Disputes Foreclosure/Property Issues Tax Sale Foreclosure Expungements Name Changes/Birth Certificates Tort Defense Debt/Consumer Disputes Nonprofit Organizations Unemployment Compensation Deed Changes Wills/Estates Wage Claims APPLY ONLINE www. mvlslaw. org CALL MVLS 410 -547 -6537 · 800 -510 -0050 PHONE INTAKE HOURS Monday - Thursday · 9 - 1 pm 29