A criminal record may impact you far into the future. Even if you were never convicted of a crime, an old arrest can appear in a background check and prevent approval of an application for a job, lease, or loan.
Expungement can clear your record of old arrests and convictions, allowing you to take advantage of opportunities without worrying about a background check. A Frederick expungement lawyer at Rolle & DeLorenzo can review your situation and determine whether expungement is a viable option for you. Our defense attorneys are ready to defend your rights.
When you are arrested, a background check will reveal the incident. Potential employers, banks, and others may use the information to deny or limit your opportunities. If you are eligible, our criminal defense attorneys in Frederick can file a petition to clear your criminal record, which can help you start over.
An expungement removes the record of your arrest and subsequent criminal proceedings. You can move forward with confidence that a past mistake is not discoverable.
Criminal records can sometimes be sealed, but this is a different process than expungement. Sealing a record prevents public access, but the record still exists. A sealed record is available to law enforcement and certain other government agencies in specific circumstances but will not appear in a standard background check.
If you were never convicted of a crime, you may be eligible for expungement, but you must wait three years before filing your petition. You can obtain an immediate expungement by filing a General Waiver and Release if you are willing to waive any legal claims related to the arrest. Our experienced lawyers in Frederick can help you weigh the benefits of quickly clearing your criminal record against the loss of a legal claim.
Expungements are available if you were charged with a crime but the case ended due to an acquittal, dismissal, or Nolle Prosequi, which means the prosecutor declined to move forward with the case but did not dismiss it. When a case is resolved by probation before judgment, you may be eligible for an expungement, but the waiting period may exceed three years.
If you pled guilty to a crime or were found guilty after a trial, your eligibility for expungement depends on the crime. Maryland Criminal Procedure Code §10-110 lists misdemeanors and some felonies that can be expunged from your record. The time frame before you can file an expungement varies by crime and ranges from three to 15 years.
You must have fully completed your sentence, including probation and full payment of any restitution, before the expungement waiting period starts. If you were convicted of multiple crimes from an incident and one of them is ineligible for expungement, none of the convictions can be expunged. You must not have been arrested or charged since the waiting period began, and you cannot receive an expungement if charges are pending against you.
Some violent crimes, certain sex crimes, and serious felonies can never be expunged. Examples include murder, armed robbery, rape, sexual abuse of a child, and many crimes involving deadly weapons.
It may be possible to seal a criminal record that is ineligible for expungement. Our attorneys in Frederick can provide advice on whether sealing is a viable alternative to expungement in your case.
If a past arrest or criminal conviction is still limiting your opportunities, it may be possible to clear your record. Contact a Frederick expungement lawyer at Rolle & DeLorenzo today to learn more.
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