Expungements Attorney Serving Ocean City and the Eastern Shore

Clear Your Maryland Criminal Record and Restore Your Good Name

Having a criminal record follows you forever. Aside from the embarrassment and shame, it can cause, it can adversely affect your life in ways you can’t anticipate. It Ocean City Criminal Record Expungement may prevent you from getting the job or home you want or deem you ineligible for obtaining credit. Being discriminated against or penalized for something that happened in your past probably doesn’t seem fair. Fortunately, Maryland laws make it possible for you to have certain criminal records expunged or permanently sealed from public view so that they no longer show up on background checks. An expungement enables you to answer “no” on any application or document that asks whether you have been arrested or convicted of a crime.

Attorney Richard J. Brueckner is an expungement attorney in Ocean City committed to helping clients wipe the slate clean and get the fresh start they deserve. He has extensive knowledge of the expungement laws in the state and can help you navigate the expungement process including filling out the proper paperwork.

Don’t let your past dictate your future. To find out if you are eligible for expungement of your criminal record, contact us today by calling our office at 410-430-1464

What Are Expungements?

Expungements are the removal of records from public inspection. Once a criminal record is expunged, all records pertaining to the offense — including arrest records and convictions — will no longer be accessible to the public. The following agencies must destroy these records:

- Motor Vehicle Administration files
- Police Records
- Court files
- Jail and detention center files
- State’s Attorney’s files
- Police files
- Maryland Judiciary Case search

Are You Eligible?

You may be entitled to expunge your arrest and prosecution records if:

you were found not guilty
your case was dismissed
the State’s attorney’s office chose not to prosecute (Nolle Prosequi)
the court indefinitely postponed your case (stet)
you received probation before judgment (excludes DWI/DUI)
you were convicted of a crime that is no longer a crime
you were convicted of only one nonviolent crime and the Governor granted you a full and unconditional pardon
you were found guilty of or not criminally responsible for certain nuisance crimes or specified misdemeanors

New Expungement Law in Maryland

In October 2017, Maryland passed legislation which would expand expungements to include crimes for which a person was found “guilty.” These include:

crimes listed under the Criminal Procedure Article § 10-110
possession of marijuana under Criminal Law Article § 5-601

What Cannot be Expunged?

There are certain situations where a criminal record cannot be expunged and include but are not limited to the following:

If you received a PBJ but were later convicted of a new crime within a 3-year time frame, the original case cannot be expunged
If you currently have criminal proceedings pending against you
You are currently participating in a court-mandated program (i.e. alcohol/drug treatment)
A PBJ for certain alcohol-related driving offenses: DUI/DWI
Death Caused by DUI or DWI

When To File A Petition To Expunge Your Criminal Records

The type of charge and sentence you received will determine the timeline for when you can file.

You can File a Petition Within 3 Years if…

you received probation before judgment (except DUI/DWI) ;* or
the court indefinitely postponed your case (“stet”); or
you were convicted of a crime or found not criminally responsible

You can file a Petition Earlier than 3 Years if…

your petition is based on a conviction of a crime and the act on which the conviction was based is no longer a crime, you can file at any time.

10 or More Years

An expungement for the crimes listed in Criminal Procedure Article § 10-110 except for Assault Second Degree and domestically related crimes can be pursued 10 years after the sentence has been completed including parole, probation, or mandatory supervision.

15 or more Years

If your petition is based on a violation of Criminal Law Article § 3-203 (second-degree assault) or for an offense classified as a domestically related crime you must wait 15 years after the sentence has been completed including parole, probation, or mandatory supervision.

How To File To Expunge Your Criminal Records In Ocean City, MD

Attorney Brueckner can help you file a formal petition or request with the court where the case was originally heard. The application costs $30 and the entire process may take up to 3 months. A judge will determine whether the expungement can be granted. If the expungement is rejected, a hearing will be scheduled which allows the judge to review more information from both sides before making a final decision. Mr. Brueckner will represent you at this hearing and advocate on your behalf.