To get your complete criminal record, follow the instructions above to get your record from CJIS. The MVA automatically expunges eligible driving records. However, not all driving records can be expunged. Learn more about expunging a driver record. If your DNA was taken as part of the arrest you are trying to expunge, you may wish to include a request on your form for your DNA record to be expunged as well.
Learn more about the requirements regarding DNA samples. A pardon does not erase the conviction from the record, meaning that the records remain in court files and law enforcement files. Pardons are rarely granted. Learn more about how pardons work. Shielding is different from expungement. In some cases, shielding gives less protection than expungement, because it leaves your records accessible by certain people.
However, several types of convictions can be shielded even though they cannot be expunged. There is a separate process to remove peace order and protective order records from public view. Learn more about r emoving records about Peace and Protective orders from public view. This site offers legal information, not legal advice.
We make every effort to ensure the accuracy of the information and to clearly explain your options. However we do not provide legal advice - the application of the law to your individual circumstances. For legal advice, you should consult an attorney. In the absence of file-specific attribution or copyright, the Maryland Thurgood Marshall State Law Library may hold the copyright to parts of this website.
Related Articles. External Resources. What is expungement? Code, Criminal Procedure, Title 10, Subtitle 1 Court Forms: This Petition for Expungement of Records should be used for the expungement of acquittal, dismissal, probation before judgment, nolle pros, stet, and certain not criminally responsible dispositions This Petition for Expungement of Records should be used for the expungement of eligible guilty dispositions General Waiver and Release Automatic Expungement Any records held by the police, court, or other state agency related to a charge may qualify for automatic expungement.
Automatic expungement applies to: criminal charges civil offenses for possession of less than 10 grams of marijuana serious traffic violations requiring court appearance Automatic expungements are still subject to the Unit rule.
What is included in my criminal record? Your record will show the arrest or citation even if: Your case was dismissed; or You were acquitted found not guilty ; or Probation Before Judgment was entered; or A Nolle Prosequi was entered in your case This occurs when the prosecutor decides to drop the case either before or during trial. If you were found guilty or paid a fine after being arrested, that will appear on your records as a conviction. You can get a copy of your criminal record from the Criminal Justice Information System.
Having criminal charges on your record can hinder: employment, applications to schools and colleges, relationships, housing, and other government services. Which records can be expunged? Which cannot? Yes, there are certain cases where you generally cannot get records expunged.
However, if the new conviction was for a minor traffic violation or for an action that is now no longer a crime, the new conviction will not prevent you from getting the PBJ expunged. You cannot file for expungement of any records if you currently have criminal proceedings pending against you. If you are convicted of a crime during the waiting period, you are not eligible for expungement unless the subsequent conviction becomes eligible for expungement. The Unit Rule If you were charged with more than one offense based on the same incident, transaction, or set of facts, you can only have records from that case expunged if ALL of the charges from that incident are eligible for expungement.
How long do I have to wait to file a petition for expungement? Generally, you must wait 3 years after your case was decided before you can file for expungement, but the rules vary based on the results of your case: If you were acquitted, received a nolle prosequi, or a dismissal of the charges, you may file earlier if you also file a general release and waiver of any and all people against whom you may have a legal claim as a result of your arrest.
If you received a probation before judgment, you may not file for expungement until your probationary period is over or until 3 years have passed, whichever is longer. If your case was placed on the stet docket, you may not file earlier than 3 years after the judgment. This process is "setting aside" your arrest or conviction or "expunction. In other words, if the conviction is set aside, you may state on any job application that you were not arrested or convicted of that crime.
Remember that people can still find out about the arrest or conviction if they look in the right places. Several types of charges may be set aside. Those include most violations, misdemeanors, Class C felonies, and felonies that can be treated as misdemeanors. Most Class A and Class B felony convictions may not be set aside.
You cannot set aside any type of traffic violation such as speeding or traffic crime such as DUII. Violent felonies covered by Ballot Measure 11, most sex offenses and offenses involving child abuse may not be set aside. Some very old but serious drug convictions may be set aside in very limited circumstances. The guidelines below will help determine if you qualify to set aside an arrest or conviction.
An arrest record may be set aside after one year if charges were not actually filed. If the charges were dismissed or you were acquitted you may apply to set aside the arrest record immediately.
In either situation, you must meet the following qualifications:. If you were convicted of a qualifying violation or crime, you may apply to set the record aside after three years. If you have been convicted of any other offense, other than traffic violations, you must wait 10 years. You must meet these conditions before applying to set aside the conviction:. States and localities are also increasingly taking steps to streamline existing procedures by eliminating waiting periods and reducing filing fees.
From to , at least 31 states and the District of Columbia expanded the scope and impact of expungement and sealing remedies in such ways. At least three states , including Pennsylvania , have enacted clean slate legislation that creates an automatic and automated process for expunging or sealing certain eligible criminal records.
Furthermore, states are passing legislation to reduce occupational licensing barriers for individuals with criminal records. Today, a license to work is required for more than 1 in 4 jobs , including those in some of the fastest-growing industries, such as health care.
However, research suggests that individuals with sealed or expunged criminal records actually commit crimes at a lower rate than the general adult population.
In Michigan, for example, 99 percent of such individuals are not convicted of any felony, Percentage of Michiganders who within five years of having their record sealed, had not committed a crime. An Empirical Study" Furthermore, expungement and sealing can benefit the economy by providing individuals with criminal records a second chance at employment. Akua Amaning. Betsy Pearl. Maggie Jo Buchanan , Nick Jacobson. Akua Amaning , Brent J. Peter Gordon Director, Government Affairs.
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