Unfortunately no, outside of a pardon from the governor. If a judge enters a disposition of guilty after a plea or trial, that guilty conviction cannot be expunged. That does not mean all hope is lost, however. Because a Probation Before Judgment (PBJ) is eligible for an expungement, a defendant would first need to convert a guilty conviction to a PBJ. This can be done if the defendant (or the defendant’s attorney) filed a Motion for Reconsideration of Sentence. That motion allows the court to revisit a sentence at a later date, within five (5) years of sentencing. The defendant can then ask the judge to look at the sentence again and convert the guilty disposition to a PBJ. At that point the defendant’s case may be eligible for an expungement.
If you have a prior conviction and want to know whether it can converted to a PBJ and expunged, contact attorney Christopher Peretti at 301-875-3472.