Yes. If you've been charged with shoplifting in Maryland, you may be wondering about the long-term consequences and whether it's possible to have the charge removed from your record. The good news is that in many cases, Maryland shoplifting charges can be expunged. However, the process and eligibility criteria depend on several factors.
Shoplifting, under Maryland law, is categorized as theft. It’s defined as willfully or knowingly taking possession of goods or merchandise with the intent to deprive the owner of the items without paying for their value. Depending on the value of the stolen items, shoplifting can be charged as either a misdemeanor or a felony.
Understanding Expungement in Maryland
Expungement is a legal process that allows certain criminal records to be removed from public view. In Maryland, expungement generally applies to records that did not result in a conviction, but some specific types of convictions can also be expunged. The goal is to give individuals a fresh start by clearing their record of past mistakes.
Eligibility for Shoplifting Charge Expungement
The eligibility for expungement of a shoplifting charge in Maryland largely depends on the outcome of your case:
- Charges without conviction: If your shoplifting charge resulted in an acquittal, dismissal, not guilty verdict, nolle prosequi (charges dropped by prosecutor), or stet (case placed on inactive docket), you may be eligible for expungement.
- Probation Before Judgment (PBJ): If you received a PBJ for shoplifting, you might be eligible for expungement after completing your probation period or after three years, whichever is longer.
- Guilty verdicts: Some shoplifting convictions may be eligible for expungement, but this typically requires a longer waiting period (10 or 15 years) and depends on the specific circumstances of the case.
Minor Status: If the shoplifting incident occurred when you were a minor, there might be more lenient provisions for expungement under juvenile law. Juvenile records are often more accessible for expungement compared to adult criminal records.
Waiting Periods and Timing
Maryland law imposes waiting periods before you can file for expungement:
- For acquittals, dismissals, or nolle prosequi: You can file immediately, but if it's been less than three years, you'll need to file a General Waiver and Release.
- For PBJ: You must wait until your probation ends or three years pass, whichever is longer.
- For stet dispositions: You must wait three years from the date of the judgment.
- For eligible convictions: Depending on the offense, you may need to wait 10 or 15 years after the conviction or completion of the sentence, including probation.
The expungement process usually takes about three months.
If approved, you'll receive a copy of the expungement order and certificates of compliance from each agency required to expunge their records.
Expungement Limitations
- Pending charges: You cannot file for expungement if you have current criminal proceedings pending.
- Subsequent convictions: If you're convicted of another crime during the waiting period, you may lose eligibility for expungement.
- Non-expungeable offenses: Some serious offenses cannot be expunged. An Ocean city expungement lawyer can provide more details.
Benefits of Expungement
In Maryland, most shoplifting charges can be expunged. Successfully clearing a shoplifting charge can have significant benefits. You can improve your chances of obtaining employment, housing, educational funding, and other opportunities that may have been hindered by a criminal record.
Benefits of Legal Assistance in Getting An Expungement
An experienced expungement lawyer can help you clear your record. An Ocean City expungement attorney can provide you with the information and representation you need to clear your name and move on from past mistakes. While it's possible to handle the expungement process on your own, an experienced criminal defense attorney can increase the chances of a successful outcome.
An Ocean City expungement lawyer will make sure that all paperwork is correctly filed, represent you in court if necessary and advocate on your behalf if complications arise.
The attorneys at Maronick Law LLC have experience with Annapolis, Baltimore, Essex, Ocean City, Towson, White Marsh expungement matters.
Maronick Law LLC can meet with you remotely if you have access to Zoom. You can contact the law office at 443-351-6657 or via our contact form for a free consultation