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Can I Get A Cannabis Conviction Expunged in Maryland?

Yes. Maryland voters approved the recreational use and possession of cannabis under certain circumstances. Beginning July 2023, weed was legalized for those 21 and older and possession is allowed if 1.5 ounces or less. Medical marijuana has been legal in the Old Line state since 2013.

The new law also made it easier for people charged or convicted of simple possession to clear their records through expungement.

Under the new law, in cases where simple possession of marijuana is the only charge, the state will automatically expunge those records from its criminal records database. The Department of Public Safety and Correctional Services has until July 1, 2024, to clear those cases, and the Maryland Judiciary must clear the state’s court case search of any criminal case where possession of cannabis is the only charge, according to the new law.

The new law also eliminates the longstanding “unit rule” when simple possession is the charge or conviction. Under the unit rule, in order for any one charge in a case to be expunged, all charges in a case must qualify for expungement. The new law allows defendants to selectively expunge a simple possession charge from a case involving multiple charges.

The new law also reduces the wait time to three years before one can apply to expunge a possession with intent to distribute charge.

An Ocean City expungement lawyer can provide more details.

Expungement is the process of asking the court to remove certain court and police records from public view. A criminal conviction or record of charges can create difficulties when applying for a job or an apartment because employers and landlords often ask about a person’s criminal record.

In many instances, the severity and the age of the criminal conviction doesn’t matter. Online retail giant Amazon was sued by a group of drivers who said they were fired when a background check showed criminal charges that were minor and more than 10 years old.

Expunged Information Might Show Up On Private, Federal Databases

There are instances, however, where expunged information might show up in a background check. If a private database has information about your public record, expungement will not remove the information from that database.

In addition, state expungement means that no publicly available information will show up on a state website such as Maryland Judiciary Case Search. However, Maryland does not have authority over federal governmental organizations such as the FBI. A case that is expunged by Maryland officials will probably appear on an FBI record and could appear on a background check that uses federal records as part of its search.

Maronick Law LLC will continue to meet your civil and criminal record expungement needs in Annapolis, Baltimore, Essex, Ocean City, Towson, White Marsh, and throughout Maryland. An Ocean City expungement lawyer can help you to get your record cleared. The consultation is free.

We can meet with you remotely if you have access to Zoom. You can contact Thomas Maronick on his cellphone at 202-288-0167, the law office at 443-551-2747 or through our convenient online contact form for a free consultation.