Expungement is a legal process that allows individuals to seal or remove certain convictions from their public records. In this blog post, we’ll explore the key steps involved in the expungement process, address common misconceptions, and offer practical advice for individuals seeking to clear their records.
Common Misconception: “Old Convictions Automatically Disappear”
Many people mistakenly believe that convictions automatically disappear after a certain period. However, this isn’t the case. Expungement requires proactive steps, and it’s essential to understand the specific requirements and take action accordingly. Understanding the nature of the conviction is crucial. Some offenses are considered felonies, while others are misdemeanors. The severity of the offense affects eligibility for expungement. Consulting with an attorney can help clarify whether your conviction qualifies.
Gathering Documents and Information
Documents from your case can be helpful and save time. However, gathering documents should not be a hurdle to seeking assistance. Gathering the following documents can help facilitate the expungement process:
Case Documents: Collect relevant court documents related to the conviction, such as arrest records, court orders, and sentencing information.
Charge Details: Note the specific charges and their classification (felony or misdemeanor).
Note: Attorneys can help obtain necessary documents if they are not immediately accessible. Having these documents readily available can help facilitate the process, but not having them should not deter you from seeking assistance.
Preparing for the Consultation
When meeting with an attorney for an expungement consultation, consider the following:
Be Honest: Provide accurate information about your history. Transparency is essential for assessing eligibility and determining the best course of action. Eligibility Assessment: Attorneys will evaluate whether your case meets the criteria for expungement. They’ll discuss the likelihood of success based on your unique circumstances. Immediate Filing: Some attorneys may file the expungement petition immediately if you qualify. Others may need additional investigative work to build a strong case.
What to Expect During the Consultation
Eligibility Assessment: The attorney will review your case to determine eligibility. Factors considered include waiting periods, completed sentences, and the nature of the offense. Be prepared to discuss these details openly. Basic Intake: Expect questions about your identity, aliases, and any pending or active charges. Providing an accurate birthdate and full name is essential for the assessment. Filing Process: Attorneys will explain the filing process and necessary paperwork. Understanding the steps involved will help you navigate the expungement process effectively.
Costs and Timeline
Costs: Some organizations (listed at the bottom of this document) offer free assistance for low-income individuals. If someone is filing for expungement on their own, there is no fee for expunging non-convictions. The fee for convictions is $30 per case, not per charge. Additionally, there may be fees associated with obtaining records when doing it independently.
Timeline: The expungement process typically takes two to four weeks for review. After filing, the timeline varies. You can expect two to four months minimum for court orders and additional time (3-6 months up to a year) for all state agencies to update records. Patience is key during this period. Your attorney will maintain communication as your petition for expungement progresses.
Post-Expungement Advice
Keep documents secure. Safeguard your expungement documents. Consider storing them digitally (e.g., on Google Drive) for easy access. These documents serve as proof of your expungement. HPRP's practice is to hold the order and certificates of compliance (official notice of expungement) for five years from the closing date of the case.
If a background check for a job or rental apartment leads to a denial, you have the right to request a copy of the background check. You’re not obligated to discuss expunged charges unless legally required. You can focus on moving forward positively. Remember, expungement is a valuable opportunity for a fresh start. By understanding the process and seeking professional guidance, individuals can navigate expungement successfully.
Disclaimer: This blog post provides general information and should not be considered legal advice. Consult an attorney for personalized guidance based on your specific situation.
Shore Legal Access shorelegal.org 410.690.8128
Harford County Bar Foundation harfordcountybarfoundation.org 410.836.0123
Community Legal Services of Prince George’s County clspgc.org 240.391.6370
Homeless Persons Representation Project hprplaw.org 410.685.6589
Maryland Volunteer Lawyers Service mvlslaw.org 410.539.6800
Allegany Law Foundation alleganylaw.com 301.722.3390
Maryland Legal Aid mdlab.org 888.465.2468
FreeState Justice freestate-justice.org 443.977.4254
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