If I Was Not Convicted, Can I Expunge My Court Records?

 Posted on October 10, 2024 in Criminal Defense

Even if you were not formally convicted of your criminal charges and did not plead guilty, there are still ways that the records from a criminal case you were involved in can come back to haunt you. Records related to your prosecution might still be available to the public and might turn up on a background check. Seeing that you were accused of a crime and prosecuted might make potential employers or professional licensing committees doubt you or believe that you committed a crime and "got off on a technicality." These records can harm your personal reputation as well. If you need records expunged, an experienced Towson, MD criminal defense lawyer can help.

Who Can Expunge Records of a Failed Prosecution?

It is surprisingly common for a person to be arrested and accused of a crime he or she is not ultimately convicted of. Being arrested only shows that one police officer felt that he had probable cause to think you committed a crime. A lot needs to happen after the arrest for the prosecution to secure a conviction. If the case against you was not strong enough to lead to a conviction, or if you agreed to go through a treatment program so your charges would be dropped, your charges should not be held against you.

You might be able to have the records of your criminal case expunged if: 

• You were acquitted at trial - If you went through a trial and were found not guilty, this means the prosecution failed to prove that you committed the crime you were accused of. These records can generally be expunged. 
• Your case was dismissed - Courts may dismiss a criminal case if there is not enough evidence to proceed if the police violated your constitutional rights to illegally obtain evidence, or if you have an obvious legal defense. 
• The state did not pursue charges - If you were arrested and later released without being charged with a crime, you can likely have your arrest record expunged. This sometimes happens when the police hastily make an arrest, and the prosecutor examines the accusations and determines that no crime was committed. 
• You were found not criminally responsible - This finding is usually made when a plea of insanity or showing of involuntary intoxication succeeds. 
• You received probation before judgment - If you completed all the requirements of probation, your case was likely dismissed and is eligible for expunction. 

Contact a Baltimore County, MD Expungement Attorney

Seger Law, LLC is committed to helping people clear their criminal court records. Experienced Towson, MD expungement lawyer Chelsey Seger will fight to have your records expunged, sealed, or shielded. Contact us at 443-208-4692 for a complimentary consultation.