Legal Question in Criminal Law in Maryland

Expungment

Does a Governor have the authority to expunge a record conviction in domestic violence charge. My cousin thinks that he will be able to have his record expunge if he can convince the Governor to clear him of a charge of attacking a woman 19 years ago. He needs that remove in order to start a Security Firm. He needs a gun permit. Oh yes, he was convicted. He is serving at Fort Bragg, NC as a full time reseve. His home of record is Maryland, the state in which he was convicted of this crime. He has the ear indirectly of the Governor. Thanks.


Asked on 5/04/07, 7:59 am

1 Answer from Attorneys
Jason Cleckner Law Office of Jason Cleckner, LLC

Re: Expungment

The Governor doesn't handle expungements. The Court does. But, if your cousing can get Gov. O'Malley to pardon him, he can petition the court for expungement.

The requirements are: "I was granted a full and unconditional pardon by the Governor for the one criminal act, not a crime of violence as defined in Code*, Criminal Law Article, � 14-101(a), of which I was convicted" and "Not more than ten years have passed since the Governor signed the pardon, and since the date the Governor signed the pardon I have not been convicted of any crime, other than violations of vehicle or traffic laws, ordinances, or regulations not carrying a possible sentence of imprisonment; and I am not now a defendant in any pending criminal action other than for violation of vehicle or traffic laws, ordinances, or regulations not carrying a possible sentence of imprisonment."

I would be happy to handle the expungement petition for your cousin, and you can contact me at any time.

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Answered on 5/05/07, 12:53 pm


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