Calvert County State’s Attorney Laura Martin
Prince Frederick, MD – It doesn’t take but a single mistake and a normally law-abiding citizen can have their reputation damaged. Add the Worldwide Web and one mistake can ruin a reputation, shutting that individual out of the job market.
Those who err now have an opportunity to wipe the slate clean with the passage of the Maryland Second Chance Act of 2015. The process for clearing the record, however, can be complicated.
At the request of the Calvert County Chapter of the National Association for the Advancement of Colored People (NAACP), the Calvert County State’s Attorney’s Office conducted an information session Thursday, Dec. 10 at the Prince Frederick Library.
Calvert County State’s Attorney Laura Martin [R] told the audience of approximately 30 people that some indiscretions are not expungable. Expunging a robbery conviction, said Martin “is not going to happen.”
One violation that may be expunged without a lengthy waiting period is a charge of possession of less than 10 grams of marijuana. Since Maryland has decriminalized the possession of less than 10 grams of marijuana anyone with a violation on their record may apply for and immediately receive an expungement.
Martin said the granting of a “pardon” is also a possibility for reformed offenders. With a pardon the offense “is forgiven, like it never happened.” However, “it [pardon] is rare and it’s a lengthy process.” Martin advised anyone seeking a pardon to hire an attorney since it is such a long process. The state’s attorney said violent crime “can be pardoned, but it can’t be expunged.”
An ex-offender gives up their right to file for expungement if he or she sues the arresting agency. There is a $30 charge to request an expungement and a copy of the form is sent to the State’s Attorney’s Office for review. Martin said she makes a judgement on each expungement request it receives. The whole expungement process takes about three to four months to complete.
The Maryland Second Chance Act allows individuals convicted of certain nonviolent misdemeanor offenses to petition the courts to “shield” those convictions from public view. The idea behind the measure is to give ex-offenders an opportunity to obtain better employment.
This list of offenses that may be shielded include disturbing the peace, failure to obey a reasonable and lawful order, malicious destruction of property, trespassing on posted property, use of or possession with intent to use drug paraphernalia, driving without a license, driving while privilege is cancelled or revoked, driving while uninsured and prostitution.
Martin added that domestic-related crimes cannot be shielded. She also explained that ex-offenders may file to have a case shielded three years after the sentence is completed and the individual seeking the shield must not have any pending criminal charges. “You may only file for shielding one, in one county and one court,” said Martin.
For juvenile offenders charged as adults with a crime but had their case remanded back to a juvenile court, the case remains on file. When a request is made for an expungement of a juvenile’s criminal record, “the victims are notified and have a chance to respond,” said Martin.
Adult expungements, said Martin, do not include victim notification.
Martin said copies of forms needed for any of the processes—petition for expungement of records, petition for shielding under the Maryland Second Chance Act and a general waiver and release which testifies that no claims of “wrongful conduct” will be made against officers, agents and employees of an agency pending the expungement from one’s record—are available at both circuit and district courts, and at the Office of the County Clerk of the Court.
Contact Marty Madden at marty.madden@thebaynet.com