What is DUI expungement, and is it possible in Maryland?
DUI expungement is the process of removing a DUI (driving under the influence) conviction from one’s criminal record. In Maryland, a DUI conviction can be expunged from one’s record if they have successfully completed their court-ordered sentence, have met all their probation and/or parole requirements, and have kept a clean driving and criminal record for three years after their conviction. If the individual meets these criteria, they may petition the court to expunge their DUI conviction.
What are the eligibility criteria for DUI expungement in Maryland?
In order to be eligible for a DUI expungement in Maryland, an individual must meet the following criteria:
1. The individual must not have any other criminal convictions on their record.
2. The DUI charge must be at least ten years old.
3. The individual must have successfully completed all terms of their probation or sentence, including any fines or community service requirements.
4. The individual must not have been found guilty of a subsequent DUI charge within the ten year period.
Is there a waiting period before someone can apply for DUI expungement in Maryland?
Yes, in Maryland, the waiting period before someone can apply for DUI expungement is three years from the date of conviction.
What types of DUI convictions may be eligible for expungement in Maryland?
In Maryland, certain types of DUI convictions may be eligible for expungement, including: first-time DUI convictions; DUI convictions with a non-injury accident; subsequent DUI convictions arising from the same incident; alcohol related convictions that resulted in probation before judgment; and alcohol related driving convictions that were subsequently dismissed.
Are there specific conditions or rehabilitation programs required for expungement eligibility in Maryland?
Yes, there are certain conditions and rehabilitation programs that must be met in order to be eligible for expungement in Maryland. These include: completing all court-ordered sentences, completing all court-ordered drug and alcohol treatment programs, maintaining a clean record for a certain amount of time, having no new charges or convictions since the original charge, and being able to show evidence of rehabilitation. Additionally, some courts may require the completion of a community service program or a letter of recommendation from an employer or other positive influence in the community.
How does someone initiate the DUI expungement process in Maryland?
In order to initiate the DUI expungement process in Maryland, an individual must first obtain a Statement of Charges from the Clerk of the Court where the offense occurred. The individual must then file a Petition for Expungement with the Clerk of the Court. In addition, the individual may be required to provide notice of the filing to the appropriate State’s Attorney’s office and other affected agencies. After filing the petition, a hearing may be scheduled at the discretion of the court. At this hearing, the State’s Attorney and any other affected party may appear and present evidence in opposition to granting expungement. If granted, an Order of Expungement will be issued by the court sealing all records related to the offense.
What documentation or evidence is needed when applying for expungement in Maryland?
When applying for expungement in Maryland, the applicant must provide the following documents and evidence:
1. A copy of the court order showing the conviction or findings of guilt.
2. A copy of the police report and any other supporting documentation that is related to the conviction or findings of guilt.
3. Fingerprints and any other documents required by the Maryland Department of Public Safety and Correctional Services for a criminal background check.
4. Evidence or documentation that shows that you have met all terms and conditions of your sentence, including any probation or suspended sentences.
5. Proof of completion of any education or treatment programs that may be required as part of your sentence.
Are there fees associated with filing for DUI expungement in Maryland?
Yes. Generally, the fee for filing for DUI expungement in Maryland is $30.
Can individuals with multiple DUI convictions apply for expungement in Maryland?
No, individuals with multiple DUI convictions cannot apply for expungement in Maryland. All DUI convictions in Maryland are considered criminal offenses and cannot be expunged.
Does expungement result in the complete removal of the DUI record, or is it sealed in Maryland?
In Maryland, a DUI can be expunged from one’s record, which does result in the complete removal of the record.
How do employers, landlords, and background check companies view expunged DUI records in Maryland?
In Maryland, expunged DUI records are not visible to employers, landlords, and background check companies. The expungement process seals the criminal record from public view, meaning that employers, landlords, and background check companies are not able to access it. However, some employers may be able to view the records through other resources, such as court documents or police reports.
Is there a difference between expungement and setting aside a DUI conviction in Maryland?
Yes, there is a difference between expungement and setting aside a DUI conviction in Maryland. Expungement is the legal process of asking the court to erase a criminal record, making it as though the offense never happened. Setting aside a DUI conviction on the other hand, is a process of petitioning the court to vacate or reverse the guilty verdict or sentence and make it as though the conviction never happened. The court has discretion to decide whether or not to set aside a DUI conviction, while expungement can be granted more easily.
Can expunged DUI records be used against an individual in future DUI cases in Maryland?
No, expunged DUI records cannot be used against an individual in future DUI cases in Maryland. Expungement is a process in which a criminal record can be sealed, and records that have been expunged are legally considered to have never happened. This means that any expunged DUI record cannot be used as evidence in a future criminal case.
Do expunged DUI records affect professional licensing or certifications in Maryland?
In Maryland, expunged DUI records do not affect professional licensing or certifications. However, the Maryland Board of Professional Counselors and Therapists may take into consideration an applicant’s expunged record when deciding whether to issue a license or certification.
Are there any restrictions on firearm ownership after DUI expungement in Maryland?
No, there are no restrictions on firearm ownership after DUI expungement in Maryland. However, depending on the circumstances of the DUI, other restrictions may apply. For example, if the DUI resulted in a conviction of a felony or a serious misdemeanor, it may have an impact on an individual’s ability to purchase a firearm. Additionally, even after expungement, an individual may still be inadmissible to purchase a firearm if they have been convicted of certain misdemeanors or if they have been subject to a restraining order.
Is there a waiting period for expungement to take effect after approval in Maryland?
Yes, there is a waiting period for expungement to take effect after approval in Maryland. After the court approves the expungement petition, it will take approximately 90 days for the Maryland State Police to process the expungement.
What role does the court or prosecutor play in the DUI expungement process in Maryland?
The court or prosecutor plays a pivotal role in the DUI expungement process in Maryland. The prosecutor must review the petitioner’s application and decide whether or not to oppose the request. If the prosecutor objects to the expungement, a hearing will be held and the court will then determine whether to grant or deny the expungement.
Are there resources or organizations that provide guidance on DUI expungement in Maryland?
Yes, there are resources and organizations that provide guidance on DUI expungement in Maryland. One resource is the Office of the Public Defender, which provides information and links to resources that can help individuals with expungement. Additionally, the Maryland State Bar Association’s Legal Referral Service can provide referrals to legal professionals experienced in expungement cases. Other resources include the Maryland Judiciary Self-Help Center, the American Bar Association’s Guide to Expungement in Maryland, and the Law Office of David R. Deloach, Jr. Finally, organizations such as the Lawyers’ Committee for Civil Rights Under Law provide legal assistance and guidance on DUI expungement.
What is the timeline for completing the DUI expungement process in Maryland?
The timeline for completing the DUI expungement process in Maryland depends on the complexities of the case and the specific court. Generally, it takes approximately one to three months to complete the process.
How does DUI expungement impact immigration status, if applicable in Maryland?
If a person’s DUI record is expunged in the state of Maryland, their immigration status will not be impacted. Expungement only applies to the criminal record in the state where the expungement was granted. Expungement will not automatically erase records held by any federal agencies or other states, including immigration records related to the DUI conviction. Therefore, an expunged DUI conviction may still be considered in any immigration decisions or proceedings.
English 
Spanish