Legal Question in Criminal Law in Maryland

expungement

my nephew was recently sentenced to 18 months probation for a 3rd degree sex offense; he 19 yrs old; no previous record, college student; good grades; employed. he plead guilty but there were circumstances surrounding the whole thing that he could not control; will he be able to get his record expunged? if so, when can he and will he then have to still answer yes to the convicted of a crime question on job apps. etc.?


Asked on 12/29/04, 2:30 pm

3 Answers from Attorneys
Dominic Fleming Dominic J. Fleming Trial Lawyer

Re: expungement

If he received probation before judgment the matter may be expunged after three years. If he received another type of probation it would be necessary to file a motion with the judge. This must be done within ninety (90) days from the date he was in court. If the probation was given in District Court he has thirty (30) days to file an appeal.

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Answered on 12/30/04, 10:33 am
Joseph Laumann Law Office of Joseph Laumann, PA

Re: expungement

Maryland law does not have a provision that allows for the expungement of a conviction. Only cases that were noll prossed or steted, along with Probation Before Judgement cases can be expunged. In the event of a conviction, the only way to remove from your record is to have a pardon issued by the governor.

I would be happy to discuss this matter further with you. If interested, please contact my office for a consultation.

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Answered on 12/29/04, 3:33 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: expungement

There is no way to expunge the charge and confessed conviction. Should you need assistance with any other matter, contact me.

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Answered on 12/31/04, 1:04 am


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