What is an expungement?
An expungement is the deletion and removal of all court and police records related to a defendant’s charges and case. A person who has been charged with a criminal act or incarcerable traffic offense may be eligible to have those records expunged.
If eligible, an expungement can be hugely beneficial to the person charged. It can remove the ability of members of the public, including employers and schools, from seeing that someone was ever even charged with an offense.
Four Types of Cases Eligible for Expungement in Maryland
1. Not Guilty or Dismissed. When the court finds a defendant not guilty of the charges, or otherwise dismisses the case, the defendant is eligible for an expungement. A defendant can have a Not Guilty or Dismissal expunged at any time.
2. Nolle Prosequi. A Nolle Prosequi is the equivalent of a case being “dropped” by the prosecutor. It means that the State has decided to not pursue the charges against the defendant. If a defendant’s case is a nolle prosequi, the defendant can get it immediately expunged with a waiver of tort claims against the State and police.
3. Stet. If the defendant’s case has been put on the stet, or inactive, docket then the defendant is eligible for an expungement after three (3) years.
4. Probation Before Judgment (PBJ). A defendant who was granted a PBJ is eligible for an expungement once three (3) years have passed.
Additionally, if the case is a Nolle Prosequi, Stet, or PBJ the defendant is eligible for an expungement only if the defendant has no subsequent convictions (other than minor traffic infractions).
For help with an expungement of your case, or to check to see if you are eligible for an expungement, contact the Law Offices of Christopher L. Peretti at 301-875-3472. We can help you move on with your life and get these charges behind you!