Legal Question in Criminal Law in Maryland

University Retaining Expunged Court Records

I attend school in DC. Earlier this year I was cited off campus for underage drinking in MD. The school received a copy of the police report and decided to prosecute me through their judicial system before going to court.

I went to court, nolle pros was entered, and the record is now expunged (I have the letter from the court stating this).

Is it legal for my school to keep this report as part of my judicial record and disclose it to potential grad schools/employers? Granted, I must release my judicial record, but they are still requiring me to disclose information that I have a right not to by law.

10-108 of MD code states ''A person may not open or review an expunged record or disclose to another person any information from that record without a court order...'' and then section 10-109 states that I do not have to disclose that the incident occurred.

Since it is part of my disciplinary record, though, it makes it kind of hard to do that.

The violation of the Student Conduct Code that I broke was ''violation of local, state, or federal law.'' Should I challenge my record under FERPA? Is it illegal for them to retain it?

Thank you so much in advance.


Asked on 4/04/08, 10:33 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: University Retaining Expunged Court Records

The report would appear to now be part of your school record rather than judicial record, and it would be quite unlikely that the school would feel impelled to disclose it to anyone.

But, of course, if you're so inclined, challenge the school's retention of this report by any avenue that may be available to you, but in my opinion they probably have a right to retain it as part of your school records.

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Answered on 4/05/08, 8:09 am


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