Legal Question in Criminal Law in Maryland

Probation Before Judgment is NOT a conviction under Maryland Law. Under the statute a judge has the authority to strike out the guilty finding in most any criminal case. There are a few crimes for which probation before judgment is not available including first, second and third degree sex offenses, first degree murder as well as second or subsequent convictions for DUI or CDS cases if the first conviction resulted in Probation Before Judgment.

The benefit of Probation Before Judgment is that a person who receives Probation Before Judgment can honestly say or, for instance put on a job application, that the person was not convicted in the case and has no criminal record. A person who receives Probation Before Judgment is also entitled by law to have the matter expunged in three years or, for good cause shown, sooner.

If you want more specifics regarding your boyfriend's case, you should hire a Maryland criminal defense attorney to review the PBJ and help you decide whether now is a good time to attempt to expunge your boyfriend's record.

Best of luck.*******The above does not establish an attorney-client relationship and is instead intended for informational purposes only.*******

Whether he may expunge the record depends on the exact nature of it, and how long it has been.

The expungement will not occur before 3 years unless you can get a pardon, which I believe to be unlikely. But perhaps he should move to withdraw his guilty plea. I am not sure that allowing people to use an employee discount could be proven as a theft. Depending on the circumstances of the plea, this may be possible.