Askinglaw, A Legal Question and Answer Site Welcome to Askinglaw.com. Askinglaw is a law question and answer site. Post your legal related questions and wait for answers or comments from the Askinglaw community. Askinglaw also has an online lawyer...
Askinglaw's Online Lawyer Directory Has Been Updated Hello Askinglaw Visitors, The online lawyer directory on Askinglaw has been redesigned. You can see the updated directory by state at: www.askinglaw.com/lawyer-directory. The revamped attorney directory...
Updated Lawyer Directory and Article Submission Askinglaw is pleased to announce that our sister site, Targetlaw has just been re-released as an Attorney Directory and Legal Article Submission Site. If you are looking for a lawyer, law firm, or attorney,...
Damage to my car, California A large tree branch fell on top of my car and damaged the roof (bent roof). Police was present and there is a police report describing the incident and my car's damage was noted in the report; according...
MIP, Oregon My Question Involves State Law In: Oregon I was at a party with a few friends (under 10) and we were all hanging out watching tv and drinking a few beers. One of our friends left without us knowing...
How do I expunge a criminal charge that was later dropped? I am worried that a criminal charge will show up on a job background check.
Lawyer Directory
the first thing to note, is to make sure that you were not convicted of this crime. Also, if this charge was dropped but you were found guilty of other charges in the same incident. If either of these scenarios is true, you will have to apply for a pardon not an expungement in Maryland.
I got this from the Maryland Court system website for petitioning for an expungement:
1. Obtain a petition for Expungement of Police and
Court Records (Form CC-DC/CR 72) and the
General Wavier and Release (Form CC-DC/CR 78)
at any District or circuit court. (Form availaible
online at: http://www.mdcourts.gov)
2.You will need to know the case number, date that
you were arrested, summoned, or cited; the law
enforcement agency that took the action; the offense
with which you were charged; and the date your
case was disposed.
3. File forms with a copy for the State’s Attorney
and each law enforcement agency named in the
petition. You must file in the the court in which
your case was concluded.
4. Pay the non-refundable filing fees.
Also, if you don’t know all the information of a charge you can request a background check from CJIS-Central
Repository to find the case number, date etc of the charge. It is also a good idea to run another background check through the CJIS-Central Repository to make sure the expungement worked.
If this was for a DWI would the expungement automatically wipe the criminal charge and the charge in the Maryland Department Of Motor Vehicles?
No, you would have to repeat the process to clear your driving record for the MVA. The criminal expungement will not clear the driving record.
What about if you are arrested, stay in jail for a day, but are never charged? do you have to get that expunged as well?
If you were detained by the police and never charged after 10/1/2007, then the record will automatically be expunged. Before 10/1/2007, records may exist. If this is the case you should file an Investigative Release Form with the arresting agency. I would also ask the respective agency on how the process works. I think you have up to 8 years to request and expungment.
I remember a few years ago, getting your criminal records expunged in Baltimore City for criminal offenses was next to impossible. There was a big lawsuit and everything. I think that has been fixed. However, as always, if you can afford it, I would find an experienced Maryland criminal lawyer to guide you threw this complex process. It may be well worth the money and aggravation.