Expungement

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Also see Pardon and Sealing

Definition

Expungement is the removal of records from public inspection. In Maryland, records may be expunged from 1) Motor Vehicle Administration files, 2) police files and 3) court and police files. Each process removes very specific files and must be done through the proper agency. You must apply for expungement of each arrest based on the date of arrest and according to the disposition. No process expunges the records from all agencies. [1]


Applicability

§ 10-109. Prohibited acts

(a) Applications for employment or admission

(1) Disclosure of expunged information about criminal charges in an application, interview, or other means may not be required:

(i) by an employer or educational institution of a person who applies for employment or admission; or

(ii) by a unit, official, or employee of the State or a political subdivision of the State of a person who applies for a license, permit, registration, or governmental service.

(2) A person need not refer to or give information concerning an expunged charge when answering a question concerning:

(i) a criminal charge that did not result in a conviction; or

(ii) a conviction that the Governor pardoned.

(3) Refusal by a person to disclose information about criminal charges that have been expunged may not be the sole reason for:

(i) an employer to discharge or refuse to hire the person; or

(ii) a unit, official, or employee of the State or a political subdivision of the State to deny the person's application.

(b) Penalties. --

(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 1,000 or imprisonment not exceeding 1 year or both for each violation.

(2) In addition to the penalties provided in paragraph (1) of this subsection, an official or employee of the State or a political subdivision of the State who is convicted under this section may be removed or dismissed from public service. [2]


References

  1. Expungment - Maryland Judiciary {http://mdcourts.gov/courtforms/joint/ccdccr072br.pdf}
  2. Md. CRIMINAL PROCEDURE Code Ann. § 10-109 (2014) {http://web.lexisnexis.com/research/xlink?app=00075&view=full&interface=1&docinfo=off&searchtype=get&search=Md.+CRIMINAL+LAW+Code+Ann.+%25A7+4-209

http://ccresourcecenter.org/state-restoration-profiles/maryland-restoration-of-rights-pardon-expungement-sealing/