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Published on 12/19/2024, 11:19:00 AM

A Guide to Juvenile Expungement Under Maryland Law

Maryland provides juveniles with a second chance to move forward by offering the opportunity to expunge certain juvenile records. Under Section 3-8A-27.1, juveniles who meet specific criteria can petition the court to clear their records. This post will explain the eligibility requirements, process, and benefits of juvenile expungement in Maryland.

What Is Juvenile Expungement?

Juvenile expungement refers to the legal process of erasing court and police records associated with a child alleged or adjudicated delinquent, in need of supervision, or issued a citation for a violation. Expungement ensures that past records are not accessible to the public, giving individuals the chance to start fresh.

Who Is Eligible for Expungement?

Under Section 3-8A-27.1, the court may expunge a juvenile record if the following conditions are met:

  1. Case Outcome: The record qualifies if:

    • The State's Attorney entered a nolle prosequi (did not proceed with prosecution).
    • The petition was dismissed.
    • The court did not find the allegations in the petition true.
    • The adjudicatory hearing was not held within two years of the petition filing.
    • The court decided whether or not the individual required treatment or rehabilitation during the disposition hearing.

  2. Time and Age: The person is at least 18 years old and two years have passed since the last official action on the record.

  3. Clean Record:

    • The individual has not been adjudicated delinquent more than once.
    • No subsequent criminal convictions or pending charges exist.

  4. Exclusions:

  5. Restitution: Any monetary restitution ordered by the court has been fully paid.

Filing the Petition

Steps to File for Expungement:

  1. Petition Submission: File the petition in the court where the case was originally heard.
  2. Notification: The court must notify:
    • Victims and their families, as listed in the court records.
    • The State's Attorney's Office.
  3. Court Review: The court evaluates the petition based on eligibility requirements.

Court Actions:

  • If no objections are filed within 30 days, the court may approve the petition without a hearing.
  • If objections are filed by victims, their families, or the State's Attorney, the court must hold a hearing.

Factors Considered by the Court

When reviewing the petition, the court considers:

  • The best interests of the petitioner.
  • The petitioner's stability in the community.
  • The safety of the public.

If the court determines the individual meets all requirements, it orders expungement of the records. Otherwise, the petition is denied.

Appeal and Compliance

Both the petitioner and the State's Attorney can appeal the court's decision. If expungement is granted, custodians of the records must confirm compliance with the expungement order within 60 days. This ensures the records are erased as mandated.

Why Expungement Matters

Juvenile expungement offers numerous benefits:

  • Improved Opportunities: Helps individuals secure employment, housing, and educational opportunities without the stigma of a record.
  • Peace of Mind: Knowing that records are not accessible to the public reduces anxiety and fosters a fresh start.

FAQs

Q: Can all juvenile records be expunged?

A: No. Violent crimes, felonies, sexual offenses, and crimes involving firearms are excluded from expungement under Maryland law.

Q: How long does the process take?

A: The court typically reviews and acts on petitions within a few months, depending on the complexity and any objections.

Q: What if my petition is denied?

A: You may appeal the decision or reapply if your circumstances change and meet the eligibility requirements.

Maryland's juvenile expungement laws provide a pathway for individuals to leave their past behind and pursue a brighter future. If you or a loved one has questions about expungement, reach out to FrizWoods, maryland juvenile lawyers.