Merely enduring an arrest upon suspicion of a criminal act can have a profound impact on your life. Police departments will keep a record of this arrest and may use it to target you for future investigations. If the arrest results in the formal filing of charges, this information can also appear on future court documents, and criminal convictions will result in the creation of a criminal record.

Fortunately, the law allows for people who have received convictions for certain misdemeanor offenses to petition the court for a removal of these offenses from their record. We call this removal an expungement.

A Montgomery County expungement lawyer may be able to help you to determine if you qualify for a fresh start. A knowledgeable defense attorney could assist with petitioning police departments to expunge their internal records as well as seek a formal removal of convictions from your criminal record.

The Impact of Arrest and Criminal Records

Most people understand that a criminal conviction produces a record that can follow them forever. You may be surprised to learn that if you were ever arrested, anyone conducting a criminal background check could learn about it. Your arrest is visible on background checks even if it did not lead to any finding of wrongdoing against you.

Many employers conduct background checks. You might also need to pass a background check when trying to lease an apartment, apply for a mortgage or line of credit, a business or professional license, and for many volunteer positions. You must clear a background check if you wish to be a foster parent or adopt a child.

If you were ever arrested in Montgomery County, speak with an expungement attorney about clearing your record. If you are eligible for expungement, the arrest will disappear from the state and local court records and will not appear on most background checks.

The Difference Between Expunging Records and Sealing Them

You may hear references to court records being expunged or being sealed. Sometimes the terms are used interchangeably, but that is incorrect because they are not the same. 

When your record is expunged, it is wiped clean. When your record is sealed, the event will remain on your record but will not be visible to employers, landlords, or other members of the public. However, law enforcement will have access to it, it could be available if you are investigated for a security clearance, and some government agencies may have access to it under specific circumstances.

Some records can be expunged; others are not eligible for expungement but could be sealed. Some criminal records, mostly violent felonies, cannot be expunged or sealed. An attorney familiar with the criminal court system in Montgomery County can review your criminal history and advise whether expungement or sealing is a possibility.

Can a Person Expunge Arrest Records?

In some situations, an arrest may not lead to charges, a judge could dismiss charges, or the case might resolve with probation before judgement (PBJ). Even so, police information will still contain information about this arrest.

Fortunately, it is possible to request an expungement of the police and court records. According to Maryland Code, Criminal Procedure § 10-105, an expungement is possible whenever a charge carried the possibility of imprisonment, but the court dismissed the charges,  the case resulted in a not-guilty verdict, or the case resolved in another way that does not involve a finding or admission of guilt.

In these situations, a person may submit a petition to the court as long as three years have passed since the case came to an end. In other situations, such as cases requiring the completion of drug or alcohol counseling, this time restriction may be shorter. A Montgomery County expungement attorney could help to determine if the time is right to request the destruction of police or court records and take the lead in submitting the necessary paperwork to the court.

Automatic Expungement in Some Cases

If the arrest happened after September 30, 2021, you may not have to apply for an expungement. If your case ended with an acquittal, a dismissal, or the prosecutor decided not to move forward (nolle prosequi), the court expunges the record automatically after three years. However, you can still petition to have your record expunged before that three year period.

Expunging Misdemeanor Convictions in MoCo

With rare exceptions, people who receive felony convictions will likely need to live with the consequences of that outcome for the rest of their lives. However, a conviction for certain misdemeanors may make a person eligible for eventual expungement. Check with a criminal attorney in Montgomery County to find out whether you qualify for expungement.

Three years after satisfying any sentence the court imposed, you can apply to expunge a conviction for certain “nuisance” crimes. These include:

• Panhandling
• Loitering
• Fare jumping
• Consuming alcohol in public
• Vagrancy
• Public urination or defecation

You may also apply for an expungement of possessing cannabis with the intent to distribute three years after fully completing your sentence.

More serious offenses can sometimes be expunged but require a longer waiting time. Some misdemeanor convictions can be expunged after five years, some theft and burglary convictions are eligible after seven years, and some domestic violence and drunk driving convictions are eligible after 15 years.

Sealing Records May Be an Option

Some felony convictions and violent offenses are never eligible to be expunged. However, it could be possible to have the records sealed, which limits access to the public. Sealing a criminal record can open up opportunities for housing and employment, and provide numerous other benefits.

You must wait ten years following the end of your sentence, including probation, to be eligible to apply to have the record of your criminal conviction sealed. In addition, you must not have had any additional criminal cases during this ten-year period. Records of many violent crimes, those that require sex offender registration, and some other crimes are not eligible to be sealed.

A Montgomery County lawyer could help to determine if you are eligible to have your criminal record sealed in your specific circumstances.

Reach Out to a Montgomery County Expungement Attorney Today

The criminal justice system serves two purposes. It exists to punish people who violate the law but also to help people get their lives back on track. If you received a conviction for a misdemeanor over ten years ago, it may be possible to seal your criminal record. In other situations, it might be possible to request that police departments and courts destroy information related to a case.

A Montgomery County expungement lawyer is ready to speak with you. They could help to determine your eligibility for these programs and to submit the necessary petitions to the relevant courts.