Q: can I expunge & shield a 20y old Nolle Prosequi? & how do I fill out the form for my Nolle Prosequi myself?
Or get cheap legal, if there is such a thing :) I was never arrested, it was one of the first internet "theft" charges, but it was not a theft, I had a sewing biz and was injured, I told them all their items would be delayed, they didn't like time frame, didn't want money back so went to cops. As all people got their items prior to court date, so they dropped the charges, but my record says 4 counts of theft under 500.00 each. Even though it was a total of 300-400 total amount. And there was NO THEFT! Anyway, this Nolle Prosequi has been sitting there on my record hanging over my head for 20 yrs, I want it expunged, and shielded. Can I do both? And what form do I need to fill and where do I send it? I was in Columbia Maryland at the time, and I want to say it was district ct. but it might have been circuit.
A: If all charges resulted in a nolle prossequi, then you can your record expunged. You should do so as soon as possible. Forms are online or you can hire an attorney.
A: It was probably district court. The fillable pdf form for an expungement petition is available online at the court's website. You do not need a General Waiver and Release form, due to the length of time that has passed. If all counts were charged under a single case number, you only need one petition. If you had more than one case number, then you need to file a separate petition for each. A lawyer can fill out and file the petition if you prefer to ensure its accuracy. The process takes about 90 days, depending on the county (Howard should be less than 90 days). The first entries that disappear are those in the court's online Case Search directory. The FBI database used by employers and law enforcement for background checks will take the longest (by law, within 60 days of the court's issuance of the expungement order). An expungement entitles you to answer "no" to questions about whether you have ever been arrested or charged with a crime, and it is unlawful for an emloyer or state government agency to inquire about an expunged charge. There is no additional "sealing" necessary or available for criminal cases. Sealing is a process for some civil matters, and it is not as complete and effective as an expungement in criminal cases.
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