Expungement in Maryland J. Peter Sabonis Maryland Legal Aid

Expungement Generally—Only Non Convictions can be expunged: PBJs, Nol Pros, Stet, Dismissal, Acquittal (Definitions coming) Recent change in law allowing some convictions to be expunged Panhandling conviction Public drinking-urinating-obstruction passage conviction No proof MTA-loitering-park violations

What is a Conviction and What Isn’t? Guilty = Conviction Non Convictions = Probation Before Judgment Stet Nol Pross Dismissal Acquittal

Probation Before Judgment Sufficient evidence exists to convict, but court allows defendant to escape the stigma of conviction through an agreement to abide by the terms of probation Generally defendant pleads Guilty, No Contest, or found Guilty If Probation violated, court can enter conviction later Is NOT a conviction for the” purpose of any disqualification or disability imposed by law because of conviction of a crime.” Crim Pro

Stet The State postpones the trial Indefinitely (forever) May be rescheduled by request of state within one year After one year, state needs to show “Good Cause” for rescheduling it MD Rule 4-248

Nolle Prosequi MD Rule State Terminates the Prosecution Charge is technically dismissed but disposition is “Nolle Prosequi”

Expungement and STET or PBJ Like Nol Pros – if you’ve been CONVICTED since the time of the Stet or PBJ, you have lost your right to expunge the stet or PBJ Also, must wait three years to file expungement request (3 yrs after entry)

Expungement & Nol Pross Aside from those Nuisance crimes, only NON-CONVICTIONS can be expunged Special Rules depending on the non- conviction Nol Pross? Expunge anytime as long as not convicted of a criminal offense SINCE time of nol pross Example: 01 Nol Pross, then 08 Conviction—you are out of luck

Expungement Process File Expungement Petition in Court in which the PBJ, Stet, Nol Pross, Dismissal, Acquittal occurred Filing Fee Waiver is available-ask for it Roughly 60 days—Order of expungement issued Then appropriate agencies must file Compliance certificates with Court

Expungement Example 03 Stet– CDS possession 04 PBJ– possession 05 Stet—theft less than $300 Nothing since? Can expunge them all now because no convictions that 3 yrs have passed from entry of each File Petition Await Orders of Compliance

Expungement Example II 03 Stet– CDS possession 04 PBJ– possession 05 Stet—theft less than $ Guilty– CDS possesion CONVICTION extinguishes right to expunge these charges (Stet, PBJ or Nol Pros)

Expungement Example III 03 Dismissed– CDS possession 04 Dismissed– possession 05 Dismissed—theft less than $ Guilty– CDS possession Still can expunge the Dismissals CONVICTION extinguishes right to expunge a Stet, PBJ or Nol Pros

Expungement Summary Really only good for folks without convictions But New Law allows nuisance crime convictions to be expunged PBJ and Stet—Need to wait three years from entry of each to file All time periods can be waived on “good cause” showing