Flint, MI asked in Criminal Law for Maryland

Q: Can a Maryland pbj be expunged after the probation if the probation is only a year with no violations?

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1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: The expungement statute provides that you are absolutely entitled to expunge only after 3 years, but gives the court discretion to grant an expungement earlier for "good cause." So, you will need to file a motion setting forth good reasons why you should get the benefit of an expungement earlier than three years. You will have the best chance of success hiring a lawyer to draft that motion, but you could attempt to do it yourself. Some judges will grant such motions, other may not. It can depend on the facts and nature of the offense, any victim losses or injuries, your particular situation (like employment prospects tied to the criminal background check), etc.

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