Yes. A Maryland law that went into effect in October 2023 has significantly reduced the waiting period for certain types of felonies to be expunged.
Under previous Maryland law, removing a felony from your criminal record required a 15-year waiting period. The REDEEM Act slashed that timespan. Nonviolent felonies can be expunged after seven years. First-degree, second-degree burglary and felony theft convictions can be expunged after only 10 years.
In some instances, expungements can be granted even earlier. For example, if you’re experiencing discrimination in obtaining employment, housing or getting into a college or trade school to further your education. You will have to provide proof of the bias.
The expungement process typically takes 120 days after filing to complete.
Expungement Advantages
Expungement is the process of removing certain records from public view. It involves asking the court to seal or remove certain records from public access. This can be when dealing with certain types of records, especially those involving criminal matters.
There are a few key reasons why someone may seek expungement. The first is to deal with having certain types of records that may create difficulties, especially those involving criminal matters. Things like charges, arrests, or convictions can create challenges in many different areas of life. Employers, landlords, and others often ask about these types of records during their process. By getting those records sealed or removed, it helps to avoid those issues and difficulties.
A second key reason is to address stigma. Often, even after charges or cases are resolved, the mere presence of records can create stigma or challenges. This is especially true when it comes to employment and housing matters. Employers and landlords often have policies that restrict or limit certain records, even if those records are dated or resolved. Seeking expungements can help address those concerns.
A third key reason is to deal with privacy concerns. Certain records, like charges or cases involving criminal matters, can create privacy concerns, especially if they involve things like arrests, charges, or convictions. Removing or sealing those records can help address those privacy issues.
Expungement can address many of those concerns.
Expunged information might show up on private, federal databases
While expungement aims to remove certain records from public view, there are some situations where expunged information may still be accessible or appear during background checks. This is an important consideration when going through the expungement process.
One scenario is if the records were previously obtained and stored by private data aggregation companies or databases before being expunged. These private entities are not obligated to purge their records just because a court has ordered expungement. If they have already collected the information when it was publicly available, that data may still exist in their systems and could potentially be reported on background checks utilizing those commercial databases.
Additionally, the scope of an expungement order is limited to the issuing jurisdiction. For example, if a case is expunged at the state level, that only applies to records maintained by state agencies and courts within that state’s authority. However, it does not necessarily cover records held by federal entities like the FBI. Federal databases could still retain expunged state records and report them on federal background checks, as their record-keeping is separate.
So while expungement provides relief from having certain information publicly accessible through state repositories, it does not automatically extend to restricting all possible sources where that data may have been collected and stored previously. Private data companies operate independently, and federal agencies follow their own record management protocols when it comes to expunged records originating from state jurisdictions.
It’s important to have a clear understanding of these potential limitations when seeking expungement remedies. Consulting legal experts can help clarify what will and will not be covered by the expungement order in your particular situation and jurisdiction.
National trend toward expanding expungement
Expanded expungement opportunity is part of a nationwide trend. In addition, the tight job market also plays a role. Employers in some fields, such as commercial trucking, have relaxed criminal record requirements, especially those involving minor drug use and non-violent crimes, to expand their employee base.
An expungement attorney can advise you on eligibility waiting periods and whether you meet the qualifying criteria before you pursue expungement. Violations of probation or parole may invalidate eligibility. Consulting an Ocean City expungement lawyer is highly recommended.
If you have a criminal record, an Ocean City expungement lawyer can help. The attorneys at Maronick Law LLC have experience with Annapolis, Baltimore, Essex, Ocean City, Towson, White Marsh expungement matters.
Maronick Law LLC is open during the pandemic and continues to meet your legal needs. 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 410.244.5068 or via our website for a free consultation.