1. Expungement & Shielding Training
Maryland Volunteer Lawyers Service

2. Expungement – What Is It?
- An arrest or a court case, even if you are not convicted of a crime, is a public record
It will show up on any background check, public court records
May impact getting a job, apartment, loan, credit, child custody
- With an expungement, arrest or criminal records are destroyed or sealed
Becomes unavailable to the public, employers and background check agencies
Removes both court record and criminal record
May be available to some government agencies, police, military, etc.

3. Relevant Statues - Expungement - Shielding - Juvenile Expungement
Criminal Procedure – to
- Shielding
Criminal Procedure – to
- Juvenile Expungement
Courts and Judicial Proceeding – 3-8A-27.1

4. What Can Be Expunged? - Nolle Prosequi - Stet – 3 year waiting period
Ex. Good cause motion after year 1
Need right candidate. #1 factor = employability. Other factors – limited record, rehabilitation program, mitigating circumstances
- Probation Before Judgement (PBJ) – 3 year waiting period or completion of probation, whichever longer
No subsequent conviction within 3 years
DUIs can’t be expunged
Good Cause Exception
- Release Without Charge (RWOC)
- Not Guilty
- Dismissal

5. What Can Be Expunged? (continued)
- Juvenile Transfer – charged as adult, transferred to juvenile
Adult charge can be expunged
Separate process for juvenile expungement
- Transportation Article –
Jailable traffic offenses
- Civil Citations –
If could have been charged as a crime

6. Eligible Convictions
- Nuisance crimes – urinating in public, panhandling, drinking alcohol in public, vagrancy, loitering, using transit w/out payment, sleeping in public
3 years from conviction or sentence, whichever longer
If found NCR (not criminally responsible), then trespass, telephone misuse, disturbing the peace
- No Longer a Crime – ex. marijuana possession less than 10 grams, no longer a crime
Case search – won’t indicate amount
Police department and States’ Attorney – unclear about plan
May need to get case file for drug analysis
Challenge – old cases – Annapolis or destroyed
- Transportation Article – 7-705
All except Section 6 – explosives, acids, concealed weapon, dangerous articles

7. What Can’t Be Expunged? - Most convictions
Only exceptions – nuisance crimes, no longer a crime, transportation & MTA, citations
- Pending criminal proceeding
Any request for expungement filed while there is a pending criminal action will be denied
Includes first year of stet, completion of probation before judgment or any other probation terms
- Unit rule
If multiple charges in one case, and any of the charges can’t be expunged then none of the charges can be expunged.
Exception – Conviction of a crime that is no longer a crime – which can be expunged
Ex. Protesting – one case with multiple charges: disturbing the peace (nol pros), inciting violence (stet), second degree assault (guilty).
Because of guilty for one action, the nol pro and stet can’t be expunged either
- Probation Before Judgment (PBJ)
If another conviction within 3 years of getting PBJ, then PBJ can’t be removed
Minor traffic convictions (non-incarcerable) do not count for the subsequent rule – Transportation Article
Violation of probation (VOP) should not be considered a subsequent conviction
Oct. 1 - nol pros & stets with subsequent convictions can be expunged.

8. How to Expunge Record
- File form with court where decision was made (District or Circuit Court)
One form for each case/arrest/criminal activity
Petition – Form – CC-DC-CR-072
File where case had final decision – District or Circuit
If transferred from District to Circuit – file in Circuit, but list case numbers for both
District Court will indicate “forwarded to Circuit” or “prayed jury trial”
File in the county where case was decided
Check with clerk to determine where to file
Baltimore City – Wabash – 4 copies
Each petition is $30, unless request filing fee waiver or assisted by legal services organization
Statement in Support of Waiver of Prepaid Costs by Clerk (Md. Rule 1-325) – CC-DC-088
Form available –
No filing fee for Not Guilty or dismissal

9. Search Tips - Maryland Judiciary Case Search Start broad, then narrow
Name – full name, middle initial
DOB
Address
Look for Jr. v Sr.
Aliases
Choose “Defendant”
Limit search first to Circuit Court, then do District Court
Use date range
Be aware – information may be missing or wrong
Case Search only goes back to 90s
CJIS – only will include items where individuals was fingerprinted
Ex. won’t show traffic violations, civil citations

10. Is Case Search Enough?
- Case Search will capture most records – any activity that went through judicial process
- Criminal Justice Information System (CJIS) – will include any activity that didn’t go through judicial process
To obtain CJIS, the individual must go between 8:30 a.m. and 6:00 p.m., Monday through Friday, and the 1st and 3rd Saturday of the month from 8:00 a.m. and 4:30 p.m. to Reisterstown Plaza, 6776 Reisterstown Road, Suite 102, Baltimore, Maryland.
Cost is $38.00 payable in money order, certified or personal check to CJIS-Central Repository. Cash is not accepted.
- General recommendations
If client has a few items on record and has a good understanding of what interaction they’ve had with the police/judicial process, generally don’t need CJIS.
Question to ask – have you had any other touches with any police?
If client has many items on their record, request that the individual get a CJIS. But attorney can proceed with filing petitions for all expungable dispositions identified through Case Search.
If individual fails to obtain CJIS, notify client that expungement process may not be comprehensive

11. Filing Tips http://mdexpungement.com/
Put in case number, will determine if case is likely expungable
Will assemble petition documents for court submission
Only uses information on Maryland Judiciary Case Search (casesearch.courts.state.md.us)
Will not include non-case information like arrests with no prosecution
CJIS report required for full listing of arrests and dispositions - Criminal Justice Information System
Not all cases require CJIS

12. - No limits on expungement filings.
- Old fling forms
Mark through “I have not been convicted of any crime” for Nol Pros, stet (MdExpungement.com already does this for you)
PBJ – “Since the date of disposition” needs to be changed to “Within three years of the date of disposition”
Crime no longer a crime – not on form
Write in or attach addendum to filing?
What we know –
Court likes its form to be used without altering it
Updated court forms isn’t yet available
- No limits on expungement filings.
Petitions for a client don’t have to all be filed at the same time

13. - Client listed as co-defendant - Case – Criminal v. Traffic
- When completing the form, use caution to not include incriminating information
Form is under oath
State’s Attorney reviews each form
Having item expunged doesn’t mean State’s Attorney can’t prosecute
Ex. Received a nol pros for disturbing the peace. In expungement form, you mention that you discharged a firearm and shot someone. State’s Attorney could use that information to re-open case and prosecute.
Generally, just list what the crime was that you were charged with
- Client listed as co-defendant
When expungement order is issued in client’s case, it should remove listing as co-defendant as well
- Case – Criminal v. Traffic
Criminal – multiple charges with one case number
Exception – when case is transferred from District to Circuit, sometimes listed as multiple case numbers. Use tracking number.
Traffic – one charge per multiple case numbers
When filing – one petition with all case numbers in related matter
Reminder – unit rule applies to traffic cases even if spread out over multiple case numbers

14. General Waiver and Release
- Form – CC-DC-CR-078
Nol Pros, Not guilty, Dismissal, and Pardon
If less than 3 years from disposition date – requires General Waiver form
Waives any claims individual might have against police, etc.
Best practice – do not advice client on whether they should sign the waiver
Draft form – Statement of Understanding of General Waiver and Release

15. Once Filed - Clerk serves States’ Attorney and police department
- States’ Attorney has 30 days to object
If no objection during that time, right to object waived
If objection, a hearing is scheduled
- Once form is filed with the court, it is supposed to take 90 days to issue order
Baltimore City – 4-7 months
- Once order issued, clerk sends to States’ Attorney and all record custodians
Court removes in approx hours
Agencies have 60 days
Are required to send Certificate of Compliance

16. Next Steps - Check records
Case Search – cases, co-defendant
Client may want to get another CJIS report to confirm removal
- Always keep a copy of your court records and expungement order.
Court destroys records once they are expunged.
Will be unable to get copies.

17. Removing Other Records
- For RWOC (release without charge)
Must file request with police department
There is no court record
From Oct. 1, 2007 forward – these should be automatically removed
Arrests prior to then – not removed without expungement

18. Minor Traffic Offenses
Must file request with the Motor Vehicle Administration
Governed by Section of Maryland Transportation Section
Applies only to minor traffic offenses
Form: Special MVA form AJ-058(11-12)
Fee: There is no fee for requesting a MVA expungement.
MVA will automatically expunge your driver record 3 years after a conviction if
Not convicted of another moving violation or criminal offense involving a motor vehicle during the previous 3 years, and
Your driver’s license has never been suspended or revoked; and
You have never been convicted of, or been granted probation before judgment (PBJ) for DUI or failing to remain at scene of accident resulting in injury or death.

19. Manual Expungement if you don’t qualify for automatic:
Alcohol offenses are never eligible for expungement. If you have received an alcohol offense, you must wait 10 years from your last moving violation conviction date or suspension withdrawal date to become eligible to have other driving record entries considered for expungement.
Any revocation or, two or more suspensions necessitates a 10 year wait from your last moving violation conviction date or suspension withdrawal date.
Any single suspension requires a 5 year wait from your last moving violation conviction date or suspension withdrawal date.
Any current suspension, revocation, restriction, or pending motor vehicle charge(s) will result in ineligibility.
Moving violations without suspensions, revocations, or alcohol offenses are eligible 3 years from your last moving violation conviction date.

20. Red Flag Issues - Immigration issues – use caution
Can create issues between state and federal records
Requires certified multiple copies
What documents need to be certified
- Third Party Businesses
Limitations of expungement
- Client disclosing arrest/criminal on employment application
Once expunged, client does not have to disclose
But some employers are still going to have access – military, security clearance, etc.

21. Shielding - Can only use once
1 court (district or circuit) and one county
- Specific nonviolent misdemeanor convictions
Disorderly conduct
Disturbing the peace
Failure to obey a lawful order
Malicious destruction of property under $1000
Trespass – posted property
Drug/paraphernalia possession
Prostitution
Incarcerable driving offenses
Driving without a license, on a suspended/cancelled/revoked license, or uninsured
- 3 year waiting period AFTER completing any parole, probation, etc.

22. - 30 day objection period –
- Court forms
- Same as expungement
File in court where final disposition
No pending activity
Unit rule applies
Subsequent conviction rule applies – only shieldable if subsequent conviction is shiedable
- 30 day objection period –
States Attorney and/or victims

23. Juvenile Sealing & Expungements
- Why expunge –
Records are not automatically sealed
Record will show up as “sealed”, better to expunge and entirely remove, if eligible
- Factors
18 or older and 2 years since juvenile action
Adjudicated delinquent only once
No conviction since juvenile case
No pending delinquency or criminal
No offense that if an adult would be a felony, violent crime or 4th degree sexual offense
Not required to register as a sex offender
Didn’t involve firearm in crime of violence
Fully paid all restitution; and
Nol pros, dismissed, didn’t find allegations to be true, or not held within 2 years after petition filed

24. - Court also considers Individual’s best interest
Individual’s stability in community
Safety of public

25. Pardons - Very limited Granted by Governor and discretionary
MVLS and other legal service providers do not assist with pardons

26. Matthew Stubenberg
Susan Francis