Rockville, MD asked in Criminal Law and Federal Crimes for Maryland

Q: How do I expunge a case that has my incorrect birthdate?

I’m in montgomery county, Maryland. I want to expunge a Felony case from over 15 years ago. I purchased a copy of the indictment. My birthdate is incorrect on the first 2 pages and correct on the next 11 pages of the indictment. Someone used the incorrect birthdate and posted it on the internet case search.

When I went to the courthouse to file for an expungement, a person in that department told me that the incorrect birthdate would be an issue, however another person there said it wouldn’t be an issue- because my correct birthday was posted on other cases under my name on the Internet case search.

The First Lady, told me to fill out a form cc-022 (it’s on google) and that I would need to retrieve my birth certificate and file for a hearing to change the incorrect birthdate. This is a lot of work and it seems unnecessary.

She also told me I can attach a note to my expungement application.

Can a lawyer here, give me some advise on what I should do, please?

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

A: Just file the petition using whatever information (name spelling, birth date) that is on the judiciary case search page for the case you’re expunging. Sign it and file it. The case will get expunged. Who cares about the birthdate on a case file that will no longer be visible?

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