CLEANING UP YOUR CRIMINAL RECORD EXPUNGEMENT

Similar documents
MVLS - Expungement 101

What Is Expungement?...1 When Can I File For Expungement?...2 Case Information...3 Petitions For Expungement...4 What Do the Dispositions Mean and

EXPUNGEMENT INFORMATION ABOUT REMOVING CRIMINAL RECORDS FROM PUBLIC ACCESS IN MARYLAND

EXPUNCTION OF CRIMINAL RECORDS IN NORTH CAROLINA

MARYLAND VOLUNTEER LAWYERS SERVICE

Maryland-National Capital Park Police Prince George s County Division DIVISION DIRECTIVE DISTRIBUTION EFFECTIVE DATE

Sealing Criminal Records for Convictions, Acquittals, & Dismissals. Expungements in Ohio

Promoting Second Chances: HR and Criminal Records

Sealing Criminal Records for Convictions, Acquittals, & Dismissals. Expungements in Ohio

CODE OF CONDUCT & PASSENGER RESPONSIBILITY POLICY

20 ILCS 2630/5.2) (Text of Section from P.A ) Sec Expungement and sealing. (a) General Provisions. (1) Definitions. In this Act, words

Code of Conduct March 2015 CODE OF CONDUCT CODE OF CONDUCT FOR PERSONS ON METRO VEHICLES FACILITIES OR PROPERTIES

Important Definitions

Department of Legislative Services Maryland General Assembly 2004 Session

Lycoming County Wednesday, June 17, 2015 Certain Slides Originally Prepared By Jay Abom, Esquire & Linda Cecconello, Cumberland County Bar

Section 1 - Are You Eligible?

Frequently Asked Questions (FAQs) about Expungements and Pardons in South Carolina Courts

HB3010 Enrolled LRB RLC b

City of Palmer Fine Schedule. (Adopted by Resolution No )

General Criminal Scoring Criteria & Information. Registry Hit pending & active deferred. Score Decisional if no possible Pattern exists.

CITY OF HAMILTON. BY-LAW NO A By-law Respecting the Passenger Transportation System Operated and/or Funded by the City of Hamilton

TABLE OF CONTENTS. SOUTHERN UTE INDIAN TRIBAL CODE Title 28 EXPUNGEMENT CODE

Expungement Guidebook

Washington City Justice Court Washington County, State of Utah 111 North 100 East, Washington UT Judge Thad D.

OREGON ADMINISTRATIVE RULES OREGON DEPARTMENT OF FISH AND WILDLIFE DIVISION 600 CRIMINAL HISTORY CHECK AND FITNESS DETERMINATION RULES

Subject CRIMINAL RECORDS EXPUNGEMENT. 13 September By Order of the Police Commissioner

Getting People with Criminal Records Hired: What Employment Specialists Need to Know

IS MY CLIENT ELIGIBLE TO VACATE AN ADULT CRIMINAL CONVICTION?

A GUIDE TO THE JUVENILE COURT SYSTEM IN VIRGINIA

Department of Legislative Services 2010 Session

SEALING OF JUVENILE RECORDS

The court process CONSUMER GUIDE. How the criminal justice system works. FROM ATTORNEY GENERAL JEREMIAH W. (JAY) NIXON

Juvenile Seal/Expunge. By: Michelle Hawthorne, Esq. Clinical Adjunct Professor and Staff Attorney, Pro Bono Director

Rules of Conduct and Transit Exclusion Policy and Procedures

INSTRUCTIONS FOR MOTION TO EXPUNGE

2017 South Carolina Bar Convention. Criminal Law Section Seminar (Part 1) Friday, January 20, 2017

WEST VIRGINIA LEGISLATURE. House Bill 2657

ELIGIBILITY AND INSTRUCTIONS FOR SEALING OF CRIMINAL RECORDS Based upon Ohio Revised Code

BY-LAW NUMBER THE REGIONAL MUNICIPALITY OF WATERLOO

Determining Eligibility for Expungements & Penal Code 17(B) Reductions. Expungements and Prop 47 Clinic Training Training Module 1

SEALING OF CRIMINAL HISTORY RECORDS (General Information) July 1, 2017

How to Eliminate or Minimize the Negative Impact of Criminal Records

IC Chapter 9. Sealing and Expunging Conviction Records

Your Guide to. in South Carolina. Issued: August 2013 Revised: July 2016

PETITION FOR EXPUNGEMENT OF CONVICTION OR DIVERSION Pursuant to K.S.A

Indiana Second Chance Law Expungement and Sealing Manual

Let others know about the FREE legal resources available at LA Law Library. #ProBonoWeek #LALawLibrary

CERTIFICATION PROCEEDING

THE CITY OF WINNIPEG BY-LAW NO. 89/2014, AS AMENDED

6/13/2016. Second Chances Setting Aside a Juvenile Adjudication. Why Expunge an Adjudication (aren t juvenile records sealed)?

DISTRICT OF COLUMBIA PRETRIAL SERVICES AGENCY

CHAPTER 337. (Senate Bill 211)

Fort Worth ISD EMPLOYMENT REQUIREMENTS AND RESTRICTIONS CRIMINAL HISTORY AND CREDIT REPORTS

This application is made in accordance with the Amtrak Regulations Governing Exercise of First Amendment Rights, revised 3/8/2005.

COLLEGE OF CENTRAL FLORIDA ADMINISTRATIVE PROCEDURE

CONCESSIONS/FOOD SERVICE EMPLOYEE APPLICATION CONCESSIONS OPEN CASTING CALL Wednesday, February 4 4:00pm - 6:30pm* NewBridge Bank Park

v. Record No OPINION BY JUSTICE S. BERNARD GOODWYN NINA CARMAN DOTSON June 6, 2008

THE BOARD OF DIRECTORS OF THE DOUGLAS COUNTY TRANSPORTATION DISTRICT

WHEREAS, On June 11, 2014, in Ordinance No , the Authority amended Section 2.8 of Ordinance No ; and

Expunction Guide: Types, Requirements, and Impact of 2009 Legislation

LOWERING CRIMINAL RECORD BARRIERS

CIRCUIT COURT FOR CALVERT COUNTY, MARYLAND. Differentiated Case Management Plan for Criminal Cases INTRODUCTION

Relevant Facts Penal Code Section (aka expungements ) Penal Code Section 17(b), reduction of felonies to misdemeanors Proposition 47 Prop 64

Subject CRIMINAL AND CIVIL CITATION PROCEDURES. DRAFT 7 April By Order of the Police Commissioner

How to Eliminate or Minimize the Negative Impact of Criminal Records

Senate Bill No. 125 Senator Ford. Joint Sponsor: Assemblyman Frierson

EXPUNGEMENT WORKSHEETS

Policy Analysis Report

DISTRICT COURT ADMINISTRATIVE REGULATIONS

SEALING YOUR JUVENILE RECORDS

Criminal Records and Expungement. Rhode Island Public Defender

OVERVIEW OF THE JUVENILE JUSTICE SYSTEM. Laura Lothman Lambert Director, Juvenile Division

Overview of the Processes to Correct and Expunge/Restrict Criminal Records in Georgia:

A BYLAW OF THE CITY OF COLD LAKE IN THE PROVINCE OF ALBERTA TO ESTABLISH TRANSIT SERVICES WITHIN THE CITY OF COLD LAKE

APPROPRIATE LIBRARY BEHAVIOR

Defiant Trespass and Ban Policy

DID YOU REMEMBER TO. Sign and date your application in front of a notary? Provide a certified disposition of your case?

Employment Application

IMMIGRATION CONSEQUENCES OF SELECTED North Carolina OFFENSES: A QUICK REFERENCE CHART

METRO POLICY DOCUMENT:

EMPLOYMENT APPLICATION WATER PIK, INC. a subsidiary of CHURCH & DWIGHT CO., INC. An Equal Opportunity Employer

Effective Criminal Case Management (ECCM) Project Data Request Single-Tier Courts

ORDINANCE NO County s public transit system (also known as Palm Tran ) and to provide day to day

EXPUNGING YOUR RECORD

Understanding the New "Expungement" Law NOVEMBER 16, 2016

2014 Minnesota Statutes

Employment Application

AN ACT. Be it enacted by the General Assembly of the State of Ohio:

Title 210 APPELLATE PROCEDURE. Title 234 RULES OF CRIMINAL PROCEDURE

2. FELONY AND MISDEMEANOR RULES

TREGO COUNTY DIVERSION PROGRAM GUIDELINES Trego County Attorney s Office, 216 N Main St., WaKeeney, KS 67672

RESTORATION OF CIVIL RIGHTS OF A FEDERAL OR MILITARY OFFENSE

CONFERENCE COMMITTEE REPORT S.2371, AN ACT RELATIVE TO CRIMINAL JUSTICE REFORM

HOUSE BILL 2162 AN ACT

Application for Employment

SECTION 1 LAW ENFORCEMENT EMERGENCY SERVICES AND

HOUSE BILL 86 (EFFECTIVE SEPTEMBER 30, 2011): PROVISIONS DIRECTLY IMPACTING

PETITION FOR EXPUNGEMENT OF RECORDS (Section et seq., Ala. Code 1975)

Session of SENATE BILL No By Committee on Financial Institutions and Insurance 1-10

APPLICATION CHECKLIST IMPORTANT Submit all items on the checklist below with your application to ensure faster processing.

Transcription:

CLEANING UP YOUR CRIMINAL RECORD EXPUNGEMENT WHAT IS EXPUNGEMENT? Expungement removes the information about a criminal offense from court and law enforcement records. It usually applied to records that did not result in a conviction, although some convictions will qualify. In order to do this, a petition must be filed with the court where the crime occurred. A judge must determine whether or not the petition can be granted. But your case must meet certain conditions and a timeline first. Time passed begins counting AFTER you complete your sentence (including probation) or court-ordered treatment. WHY IS EXPUNGEMENT IMPORTANT? There are many benefits to getting your criminal record expunged. Regardless of how much you have changed, and how much you are working to put your past behind you, your criminal record remains as a blemish that will impede seeking employment, housing, credit, or continuing your education. Although the process can be lengthy and somewhat daunting, it is well worth the effort. And we are here to help you. CAN A FELONY CHARGE BE EXPUNGED In general, the outcome or disposition of your case will determine whether a specific record can be expunged or not. It doesn't matter if your charge was a misdemeanor or a felony. HOW DO I KNOW IF MY RECORD CAN BE EXPUNGED? LET'S TAKE A LOOK If you were a defendant in a criminal case, you may file a petition for expungement if you meet these conditions: IF:

Maryland's Governor pardoned you within the past 10 years; or YOU CAN SHOW GOOD CAUSE (more about this later!); or The crime on your conviction is NO LONGER A CRIME; or The case was filed against you in criminal court first, and then later was transferred to juvenile court** ** THIS IS IMPORTANT: If you were charged as an adult and your case was transferred to juvenile court, you have TWO RECORDS. You will need to expunge both the adult and juvenile portion of the record. The adult charge will NOT AUTOMATICALLY DISAPPEAR. If 3 years have passed OR you file a General Waiver and Release Form (FORM CC-DC-CR-078) AND: You were found not guilty ("acquitted"); OR The state did not prosecute the charge against you (this is called "nolle prosequi") or nolle proseqeui with the requirement of drug or alcohol treatment is entered; OR Your case was dismissed. NOTE: Filing a General Waiver and Release Form waives certain legal rights, so you might want to speak to a lawyer first. IF 4 YEARS HAVE PASSED AND: You were convicted of possession of marijuana IF 3 YEARS HAVE PASSED AND: You received probation before judgement (except DUI/DWI), BUT your case cannot be expunged if you have another conviction after this one (except for a minor traffic offense OR if you are a defendant in another criminal case); or The court indefinitely postponed your case - which is called "stet"; or The crime you were convicted of or found not criminally responsible for is listed in MD Code, Criminal Procedure 10-105(a)(9) - in other words certain Nuisance Crimes. Here's the list: urination or defecation in a public place

panhandling or soliciting money drinking an alcoholic beverage in a public place obstructing the free passage of another in a public place or a public conveyance sleeping on or in park structures, such as benches or doorways loitering vagrancy riding a transit vehicle without paying the fare or exhibiting proof of payment except for carrying or possessing an explosive, acid, concealed weapon, or other dangerous article as provided in 7-705(b)(6) of the Transportation Article, any of the acts specified in 7-705 of the Transportation Article. Here's Transportation Article 7-705 Failure to pay fare in required manner Failure to pay applicable fare Failure to exhibit proof of payment Failure to provide truthful identification Expectorating (spitting) in transit vehicle, transit facility, or train Smoking or carrying lighted tobacco products in transit vehicle, transit facility, or train Consuming food or drink or carrying open food or beverage container in transit vehicle, transit facility, or train Discarding litter in transit vehicle, transit facility, or train Playing or operating radio, tape player, or similar electronic device in transit vehicle, transit facility, or train Carrying or possessing live animals in transit vehicle, transit facility, or train Boarding transit vehicle through rear door Urinating or defecating in transit vehicle, transit facility or train Failure to move to rear of transit when requested to do so Failure to vacate elderly or handicapped seat when requested to do so Except as by contract with the Mass Transit Administration, soliciting the purchase of goods or services in transit vehicle, transit facility, or train Obstructing/hindering/interfering with the operation or operator of transit vehicle or railroad passenger car

You were found not criminally responsible for trespass, disturbing the peace, or telephone misuse. IT 10 YEARS HAVE PASSED AND: You were convicted of a misdemeanor listed in Md. Code, Criminal Procedure 10-110. (You will find the entire Article HERE) This is a list of 26 misdemeanors that may not be filed before 10 years after the petitioner satisfies the sentence or sentences imposed for all convictions for which expungement is requested, including parole, probation, or mandatory supervision. These include articles related to alcoholic beverages; Business Occupations and Professions; Business Regulations; Court Articles; Commercial Law; Criminal Procedures; Criminal Law; Election Law; Family Law; Health Law; Human Services; Insurance Articles; Public Safety; Real Property; Tax Law; Common Law offenses of affray, rioting, criminal contempt, battery, hindering, conspiracy. NOTE: You may want assistance from an attorney IF 15 YEARS HAVE PASSED AND: You were convicted of common law battery (assault) (Md. Code, Criminal Law 3-203); OR You were convicted of a domestically related crime listed in Md. Code, Criminal Procedure 6-233 HERE ARE A LIST OF THINGS THAT YOU CANNOT FILE FOR EXPUNGEMENT: If you received a PBJ, and were later convicted of a new crime within 3 years of the PBJ, you cannot get the PBJ expunged - unless the new conviction was a minor traffic violation or something that is no longer a crime. You cannot file for expungement of ANY records if you currently have criminal proceedings pending against you. If you are convicted of a crime during the specified waiting period, you are not eligible for expungement unless the subsequent conviction becomes eligible for expungement. You cannot get a PBJ expunged if the PBJ was for certain alcohol related driving offenses.

The court has no authority to expunge aliases or grant an expungement in cases of identity theft. WHAT IF I WAS ARRESTED BUT NO CHARGE WAS EVER FILED AGAINST ME? If you were arrested on or after October 1, 2007 and not charged with a crime, your arrest will be automatically expunged within 60 days of our release from custody. If you were arrested before October 1, 2007, you may need to contact the local arresting police department and ask them to clear the record. I THINK I HAVE EXPUNGEABLE RECORDS. NOW WHAT? If you think you have things that can be cleaned up on your record, move on the next step. Remember, even if you can't expunge everything, cleaning up what you can from your record will help! Go to the section: How to Find and Read My Record