For a court to order a juvenile record expungement, the judge must:
- Find that ANY ONE of the factors listed below in (A) has occurred; and
- Find that EACH of the factors listed below in (B) has occurred; and
- Consider each of the factors listed below in (C).
You can use this checklist to learn whether you meet these grounds and are eligible to have your juvenile record expunged.
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A. Did ANY one of the following occur in your juvenile case? |
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1. The State’s Attorney entered a nolle prosequi; OR | |
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2. The delinquency or Child in Need of Supervision petition was dismissed; OR | |
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3. The court held an adjudicatory hearing and in that hearing, did not find that the allegations in the delinquency petition, Child in Need of Supervision petition or citation were true; OR | |
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4. An adjudicatory hearing was not held within two years after the delinquency petition, Child in Need of Supervision petition or citation was filed; OR | |
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5. The court held a disposition hearing and in that hearing, found that you did not require guidance, treatment or rehabilitation; OR | |
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6. The court held a disposition hearing and in that hearing, found that you did require guidance, treatment or rehabilitation. | |
| Read the Law: MD Code Ann., Courts & Judiciary Proceedings § 3-8A-27.1(c)(1) | ||
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B. Is EACH of the following true? |
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1. You are at least 18 years old; AND | |
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2. At least two years have passed since the last official action in your juvenile record; AND | |
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3. You have never been adjudicated delinquent or you were only adjudicated delinquent one time; AND | |
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4. You have not subsequently been convicted of any offense; AND | |
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5. No delinquency petition or criminal charge is pending against you; AND | |
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6. You have not been adjudicated delinquent for an offense that, if committed by an adult, would constitute:
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7. You have not been required to register as a sex offender under MD Code Ann., Criminal Procedure § 11-704(c); AND | |
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8. You have not been adjudicated delinquent for an offense involving the use of a firearm (defined in MD Code Ann., Public Safety § 5-101), in the commission of a crime of violence (defined in MD Code Ann., Criminal Law § 14-101); AND | |
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9. You have fully paid any monetary restitution ordered by the court in the delinquency proceeding. | |
| Read the Law: MD Code Ann., Courts & Judiciary Proceedings § 3-8A-27.1(c)(2)-(9) | ||
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C. The court must consider EACH of the following: |
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Your best interests; AND | |
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Your stability in the community; AND | |
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The safety of the public. | |
| Read the Law: MD Code Ann., Courts & Judiciary Proceedings § 3-8A-27.1(d) | ||
Source
Sarah R. Kaplan, Esq., Department of Family Administration, AOC