Changing Your Criminal Record

How can I remove my DNA sample from the Statewide Database?

How can I change my criminal record?
What should I know about my criminal record?
How can I get my charge “expunged”?
How can I get a copy of my criminal record?
Employment discrimination and your criminal record.
How can I get legal help?

How can I remove my DNA sample from the Statewide Database?

New legislation has been passed regarding DNA samples taken from defendants in Maryland. The requirements are outlined below.

SB 211- Entitled: Public Safety- Statewide DNA Database System – Crimes of Violence and Burglary – Sample collections on Charge – Post conviction DNA testing

This bill requires the court to advise a defendant in a criminal case, when all charges against the defendant are disposed of by acquittal, probation before judgment, nolle prosequi, or stet, that the defendant may be entitled to expungethe records of any DNA sample and DNA record relating to the charges(s).
It also requires a DNA sample to be taken from any individual charged for certain crimes of violence or felony burglary.
The bill sets forth requirements for collection, testing, use, and disposal of DNA samples taken from and individual and sets forth additional expungement criteria.
This bill clarifies that DNA must be destroyed if the person is never charged or convicted after being arrested.
The bill establishes procedures for the use of DNA evidence in certain court proceedings and requires that certain reports be submitted annually to the governor and the General Assembly.
This bill takes effect January 1, 2009 and requirements to collect DNA samples from charged individuals end December 31, 2013.

How can I change my criminal record?

There is a special process called “expungement” that you can use to change your criminal record. Expungement is a court process that can allow you to remove certain items from your criminal record, depending on the situation.

What should I know about my criminal record?

Generally, any arrest or citation will show up on your criminal record regardless of what happened later in court. 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. Lawyers commonly refer to this as a “noll pros”); or
The case was placed on the “stet docket,” an inactive group of cases which generally are not reopened.

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

How can I get my charge “expunged?”

Under Maryland law, you must file a petition and ask the court to expunge your records. You can ask for expungement if:

You were acquitted (found not guilty); or
Your charge was dismissed.

You get an automatic expungement of records relating to arrests that do not result in the filing of a charge.

Additionally, you can ask for expungement if you were not subsequently convicted of any crime which carried a possible prison sentence if:

You received Probation Before Judgment; or
A Nolle Prosequi was entered in your case (This occurs when the prosecutor decides to drop the case either before or during trial. Lawyers commonly refer to this as a “noll pros”); or
Your case was placed on the “stet docket,” an inactive group of cases which generally are not reopened; or
Your case was transferred to juvenile court.

One way to get a conviction expunged is by full and unconditional pardon of the Governor.

You can also get a conviction expunged if your case was transfered to juvenile court. You are eligible for an expungement if you were subsequently convicted of a certain nuisance crimes like:

urination in a public place
panhandling
loitering, and
vagrancy

If your case had multiple charges and you were found guilty of one of those charges, you may NOT have the other charges expunged unless those charges are also expungeable. A person is NOT entitled to an expungement if, since the time of conviction of the nuisance crime was sought, the person has been convicted of another crime other than a minor trafic violation or is the defendant in a pending criminal proceeding. For more information see House Bill 685 (effective 10/01/08).

Generally you must wait three (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 or received a nolle prosequi or 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 three (3) years have passed, whichever is longer
If your case was placed on the stet docket, you may not file earlier than three (3) after the judgment.
If you were pardoned by the governor, you must wait at least five (5) years but not more than ten (10) years after your pardon.

In all above cases, however, a court may grant a petition for expungement at any time if the court feels you have shown good cause. Maryland Code : CRIMINAL PROCEDURE : TITLE 10. CRIMINAL RECORDS : SUBTITLE 1. EXPUNGEMENT OF POLICE AND COURT RECORDS : § 10-105. Expungement of record after charge is filed. If you file for expungement before the time period has elapsed, the State's Attorney may file an objection. You will then have the opportunity to show why you have good cause at a hearing.

When you file for an expungement, you must pay a $30 filing fee for each case with charges that you want expunged unless you were acquitted of the charges. All expungement requests must be filed with the court in which your criminal proceeding was held. Maryland Code : CRIMINAL PROCEDURE : TITLE 10. CRIMINAL RECORDS : SUBTITLE 1. EXPUNGEMENT OF POLICE AND COURT RECORDS : § 10-105. Expungement of record after charge is filed. Note: You may only file for expungement of Maryland charges in a Maryland court. Traffic violations cannot be expunged.

Tip:

In district court, you need to fill out a Petition for Expungement (available online). To help you complete the form and answer other questions you may have concerning you expungement, the District Court of Maryland has available a printable brochure on Expungement online.

It is important to use broad language when you request an expungement. You should indicate that you wish to expunge all police records, court records, and "other records maintained by the State of Maryland and its subdivisions" relating to your charge.

In circuit court, broad language is the best way to ensure that all records of your arrest, detention, etc. are expunged. If you fail to include such broad language, the court will only order the expungement of the records you mention specifically. Davis v. Magee, 2001 Md. App. LEXIS 129

After you have filed for expungement, the State’s Attorney has 30 days to file an objection to your petition. If the State’s Attorney does not do so, the court will order the expungement of police and court records relating to your charge. If the State’s Attorney does object, the court will conduct a hearing on your petition at which the court will decide whether or not you are entitled to an expungement.

How can I get a copy of my criminal record?

Your criminal record is available from the Criminal Justice Information System (CJIS). The cost for retrieving your records is $38 and must be paid with a money order or personal or certified check. Cash is not accepted. To get a copy of your records, you must appear between 8 am and 3:30 pm at:

CJIS – Central Repository
Reisterstown Plaza, Room 200
6776 Reisterstown Road
Baltimore, Maryland
(410) 764-5160

A second location you may go to for obtaining your criminal records is a state police office nearest to you.

Employment discrimination and your criminal record:

Some employers (like those dealing with child care or adult dependant care) are required to ask about your criminal history. If an employer does look at your criminal history, they should keep in mind the following three factors:

the nature and seriousness of the crime(s)
the amount of time which has passed since the crime or completion of the sentence
the nature of the job for which you applied.

There is no law in Maryland that requires employers to look at these factors. However, if an employer does not take these factors into account, it is possible the employer is discriminating against you unlawfully if you are a minority.

Organizations that can assist you with discrimination cases.

How can I get legal help with a record expungement?

There are two projects that can help those who meet certain income criteria:

The Maryland Volunteer Lawyers’ Service (MVLS)
1 North Charles St. Suite 222
Baltimore, MD 21201
(410) 547-6537

Anyone with an expungable record who meets their income criteria may contact MVLS between 9 am and 2 pm for assistance. You must have a copy of your criminal record and you will have to pay all expenses.

The Homeless Persons Representation Project (HPRP)
300 Cathedral St. Suite 204
Baltimore, MD 21201
(800) 773-4340 ext. 101 or 118

HPRP helps those who are homeless or at risk for becoming homeless. They can assist you file for an expungement and fill out the necessary forms with you. Additionally, HPRP can get a waiver of the filing fees for you. HPRP does have income eligibility guidelines – contact them to see if you qualify for their assistance.

(HB 1010) Prohibits a person from standing in the highway in Prince George’s County to solicit money or donations from occupants of a vehicle. It also provides enforcement with a warning for the offender’s first violation and as a misdemeanor under the Transportation Article for second or subsequent violations. (effective 10/1/08)

If you do not meet the income criteria for these projects, you can contact a private attorney.

Source: “Your Criminal Record – Expungement, Discrimination & Other Issues Relating to Employment,” Homeless Persons Representation Project. Updated by the Maryland State Law Library (MSLL).

Last legal update 9/25/08 (PLL/M.A.J.)