Q: Can Cr.9.408.(b) guilty be expunged?
04/10/2005 was the offense date
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Maryland
- (410) 591-2835
- View Profile
- Answered
A: It's not specifically referenced. You would likely have to file for a hearing with a judge show good cause.
A: Unfortunately, this offense has not been added to the list of convicted crimes for which expungement has been made available. The General Assembly periodically adds offenses to this list, so you might check again in the future. Most new public laws take effect in July or October in Maryland. I am not aware of any pending changes. While there is a provision that states a court may grant an expungement "at any time for good cause shown," I do not believe the Court of Appeals would construe that to mean a judge can grant an expungement for an unlisted convicted offense. The provision is contained in a section of the statute which sets for the time when a petition may be filed, which is generally 3 years or more after the disposition. Therefore, I believe the provision would be limited to the "time" that a petition may be granted, not the type of offense. Although appellate opinions are few on the subject, those that exist strictly limit expungement to the explicitly listed offenses and circumstances contained in the statute.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
