Towson Expungement and Record Sealing Attorney

Attorney Helping With Expungement and Record Sealing Throughout Maryland

People who have been charged with crimes or convicted in criminal courts may struggle to deal with the consequences of these cases. A conviction may result in a prison sentence or probation, as well as other penalties. However, even if a person is not convicted, they may still have a criminal record that contains information about an arrest, accusations of crimes, and the details of their case. Criminal records can limit a person's future opportunities, making it more difficult to find employment, pursue educational opportunities, or even find a place to live. Fortunately, Maryland law provides people with the opportunity to expunge or seal their criminal record and receive a fresh start.

The process of expunging or sealing criminal records can be complex, but with the help of an attorney, a person can make sure they take the correct steps to clear their name. At Seger Law, LLC, our criminal defense lawyer works to help people understand their options for post-conviction relief. We are ready to work with you to address any concerns you may have about the records that may limit your future opportunities, and we will help you make sure you are prepared to make the most of your future opportunities.

Expungement of Criminal Records

Expungement refers to the legal process through which a person can have their criminal records removed from public view and from court files. When a request for expungement is granted, criminal records will no longer be available to the public, and they will not show up in background checks. Expungement will generally be available in cases where a person was acquitted of criminal charges, where a case was dismissed or indefinitely postponed, where prosecutors chose not to proceed with a case, or where a person was found Not Criminally Responsible (NCR). A person who received Probation Before Judgment (PBJ) will be eligible for expungement after completing probation. Certain types of criminal convictions may also be expunged.

While automatic expungement will occur after three years in cases involving not guilty verdicts, acquittals, or dismissals, a person may apply for expungement before then. Convictions for certain types of misdemeanors, including drug possession, disorderly conduct, vandalism, certain types of theft or fraud, fourth-degree burglary, trespassing, prostitution or solicitation, and violations of protective orders, may be expunged after five years. Convictions for second-degree assault, drug possession with intent to distribute, or third-degree burglary may be expunged after seven years. Convictions for first- or second-degree burglary or felony theft may be expunged after 10 years. Convictions for offenses involving domestic violence may be expunged after 15 years.

To initiate the expungement process, a person must file a petition with the court that handled the original case. This petition outlines the details of the record they wish to expunge and demonstrates their eligibility. The process involves several steps, including serving copies of the petition to relevant parties and attending a court hearing. The court will review the petition to determine if the records meet the criteria for expungement and whether granting the request is in the interest of justice.

Record Sealing or Shielding in Maryland

Record sealing, which is known as shielding in Maryland, may be available in cases where criminal records are not eligible for expungement. While expungement removes a record entirely, shielding makes it inaccessible to the public, although it may remain visible to certain government agencies.

Shielding is only available for certain types of offenses, including disorderly conduct, malicious destruction of property, trespassing, drug possession, driving without a valid driver's license, driving without insurance, and prostitution-related crimes. Shielding will usually be available three years after the completion of a sentence, including any terms of incarceration, probation, or parole. A person may only apply for shielding once during their lifetime.

To apply for shielding, a person must submit a request to the court, detailing the convictions they wish to shield and demonstrating their compliance with the eligibility criteria. Similar to expungement, this process may involve notifying affected parties and attending a hearing. When deciding whether to shield records, a judge will consider the applicant's rehabilitation, the nature of the offense, and the interests of justice.

Contact Our Towson, Maryland Expungement and Record Sealing Attorney

At Seger Law, LLC, we understand the profound impact a criminal record can have on your life. Our team is committed to providing comprehensive legal assistance to those who are seeking expungement or shielding of their criminal records. We guide our clients through each step of the process, from determining eligibility to filing the necessary petitions and representing them in court hearings. We invite you to reach out to us at 443-208-4692 for a free, confidential consultation. Let us help you turn the page on the past and embark on a brighter future.