Can You Clear Your Criminal Record In Maryland? Expungement And Shielding Explained
Having a criminal record can haunt you even after the legal process has been completed. It could impact your ability to get jobs, find a place to live, or enroll in academic programs. Luckily, there are provisions in the State of Maryland that can help limit access to these records. This is known as expungement or record shielding.
What is expungement?
Expungement refers to the process of making your criminal record invisible. Once an individual successfully undergoes expungement, their criminal records are permanently removed from court files and law enforcement records open to the public. In almost all cases, the person undergoing expungement is allowed by law to say the crime never took place.
In Maryland, expungement may be possible in cases where:
- There was a dismissal of the criminal charges
- You were declared not guilty in the court of law
- Your case led to probation before judgment (PBJ) (under certain conditions)
- Some convictions for non-violent crimes (after a certain period)
- There are convictions that are not eligible for expungement. These include violent offenses, amongst others.
What is record shielding?
Record shielding is not the same as Record Expungement. It does not delete the record; rather, it only restricts access to it. Upon shielding a record for a criminal conviction, it will be removed from public records but may still be accessed by police, judges, hospitals, and law enforcement agencies.
In Maryland, the following misdemeanors are eligible for record shielding:
- Disorderly Conduct
- Trespassing
- Selected traffic violations
- CDS Possession
To be eligible for record shielding, the offender should have served their sentence and gone without committing another offense for three years.
Key differences between expungement and record shielding
It boils down to visibility. With expungement, you eliminate your criminal record altogether. On the other hand, shielding simply ensures that your record cannot be found through regular searches. While expungement offers greater protection, it also tends to apply to fewer people. At the same time, shielding can be more widely applicable, but it does not make the record disappear.
Understanding the process and waiting periods
Both expungement and shielding involve a petition made to a Maryland court. This includes filling out forms and payment of filing fees where applicable. Depending on the outcome of your case, you will need to wait for a certain period of time before being able to move forward.
Why legal guidance is important
Finding out if you are eligible for expungement or shielding is not a simple task. The same matter could be charged with various offenses, each with its own set of requirements. Applying for expungement prematurely can compromise your eligibility.
Hiring a qualified Maryland criminal defense lawyer can enable you to go through the entire process, including analyzing your background and identifying the most effective course of action. Call Schlaich & Thompson Chartered to learn more about clearing your record.
