Q: I have a second degree assault charge with PBJ. On probation for three years. How long until I can get it expunged?
I am past year 2. First time offense. Have not gotten into trouble. I got bad advice from my past lawyer on this case. I want to get it expunged as soon as I can but I read that I might have to wait 3 years after my probation is over until I can apply for expungement with PBJ. Is that true?
A petition for expungement based on a probation before judgment or a stet with the requirement of drug or alcohol abuse treatment may not be filed earlier than the later of:
(i) the date the petitioner was discharged from probation or the requirements of obtaining drug or alcohol abuse treatment were completed; or
(ii) 3 years after the probation was granted or stet with the requirement of drug or alcohol abuse treatment was entered on the docket.
Md. CRIMINAL PROCEDURE Code Ann. § 10-105
A: You can file three years after probation was first granted (date of your sentence by the judge) or upon your discharge from probation, whichever is later, although in your case that's the same time. This time frame is the statutory time where you have an absolute right to file. However, there is a provision in the statute that allows a judge to grant an earlier expungement upon a motion and showing of good cause. In your case, that would also have to involve terminating your probation early. If you are near the end of your three years of probation, it may not be worth the expense in legal fees trying to get this done ahead of the standard three years. Once three years has passed, the process is fairly straight forward. It takes about 90 - 120 days to complete the expungement of your record once the petition is filed.
A: Normally you must wait 3 years after you have received your probation before judgement, however, the statute permits you to request an earlier expungement for good cause but you would also have to have the length of your probation shorted as you could not expunge your case while you are on probation.
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