What is Expungement? (The Sealing of Criminal or traffic Records)
Expungement (or sealing of criminal or traffic records) is best described as the removal of criminal records from the public eye. Records my be removed from the MVA, police files, court, and police files. This prevents most searchers (such as private employers) from finding criminal records. Expungement does not remove records from all databases. The Pendergraft Firm assist clients in petitions for expungement.
MVA Record Expungement
Many MVA records are sealed automatically after 3 years. Some offenses must be manually expunged.
The Creation of Criminal and Court and Police Records
Criminal and traffic records are created when an individual have been arrested or charged with a serious traffic offense. An individual need to have records sealed even if he was never charged with a crime.
Immediate Expungement of Criminal Records
Criminal and traffic records can be immediately expunged/sealed if:
(1) The individual was found not guilty.
(2) The charges were nolle prosequi (not prosecuted).
(3) The charges were dismissed.
3 Year Expungement Waiting Period After Probation or Discharge
Individuals often take deals offered by prosecutors during the plea bargaining process. In many cases the recipient of such deals are entitled to an expungement 3 years after they have satisfied their end of the deal. These offers are often in the form of a stet or compromise or probation before judgment.
Petition for Early Expungement
It is possible to have a petition for expungement granted before the 3 year deadline with a petition for early expungement. It is best to consult with an attorney before filing for early expungement to ensure the best possible chances of having the petition granted. A person seeking early expungment should wait at least one full year before filing and not acquire criminal charges.
Expungement of “Non-Expungeable” Offense
It is almost impossible to have a charge that does not qualify for expungement expunged however it can be done. One way to go about it is to have the Court amend the guilty verdict to a Probation before Judgement. Another way to do it is to get a pardon from the President or Governor.
General Waiver and Release Form
A general waiver and release form that releases police officers and their agencies from any claims a petitioner may have must be filed if it has been less than three years since the case has concluded.
How long does the expungement process take?
Assuming everything goes smoothly, it can take up to 90 days.
The Pendergraft Firm LLC Expungement of Criminal and Traffic Records Services
Brian Pendergraft is an expungement attorney that has successfully petitioned for expungement of criminal and traffic records in Maryland. Call (301)-205-9013 or e-mail [email protected] to schedule a free phone consultation.
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