Legal Question in Criminal Law in Maryland

Hi, Back in Aug. 2006. I was charged with 4th degree sexual offense. Which I think is a misdemeanor. The public defender I had told me to take a guilty plea deal which I had to serve 3 year probation. My probation finally ended in Nov. 2009. My public defender told me before I took the plea deal that after i am off probation to go back to the clerk office to get my record explunged or erased. He told me that while we was at court. So I am thinking I should be able to get my record erased or sealed by now. I called the clerk office in leonardtown so I can see if i can get it sealed before I drive down there. The lady said i can not get my record sealed. why?

Asked on 12/15/09, 11:30 am

2 Answers from Attorneys

William Welch William L. Welch, III Attorney

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Sealing a document or a file is different from expungement. Also, court clerks are not always lawyers, and they are never allowed to give legal advice.

You may be able to expunge your case, if the finding was probation before judgement. If not then you may need to pursue post-conviction or coram nobis. I offer a free initial consultation, and I would be happy to go over the details of your case with you.

Answered on 12/20/09, 11:55 am

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