Q: I was convicted of 1st degree escape in 2012 when I left a drug rehab, after a modification in MD. Is this expungeable?
Good Evening,
I was sentenced by a judge to rehab after receiving a sentence modification. I was later convicted of 1st degree escape after not returning to the facility on time (by curfew). I was returned to the jail and charged with 1st degree escape, for which I received an additional 6 months in maximum security. I am aware that this is a felony, but I have heard mixed things about receiving expungements for this particular crime. Some have told me it is possible,some have said it is not. I have perused the MD laws but seem to only confuse myself with my many uneducated questions, which ultimately sprout doubt and so here I am. I have a few petitions for expungement of records (guilty disposition) forms but after reading them, I decided to request a copy of the police report and consult a lawyer before mailing $30.00 money order(s) and potentially, most likely, wasting the cash. Thank you for whatever illumination you can provide to my situation.
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A: A conviction for 9-404 [1st degree Escape] is not listed in Md. CRIMINAL PROCEDURE Code Ann. § 10-110 as a conviction eligible for expungement. Your only resort would seem to be filing for relief under the provisions allowing a court to grant a petition for expungement at any time on a showing of good cause.
A: This convicted offense can neither be expunged nor shielded under current law. You would need to overturn the conviction somehow (coram nobis petition, governor pardon, other post-conviction relief, etc.). There is no longer a $30 fee to file an exungement petition, so it's free to file and get it denied if you want to give it a try.
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