King George, VA asked in Criminal Law for Maryland

Q: In the state of Maryland, can you get a 2nd degree assault expunged earlier than 5-7 years...

In the state of Maryland, can you get a 2nd degree assault expunged earlier than 5-7 years... Its not the 2nd degree assault that's the problem since its a misdemeanor, but the cop over charged me 100 times what it should have ever been charged. Now its hard to find jobs off of the arrest, not the conviction. I didn't figure the arrest would be a problem, so I took it that the conviction of the 2nd degree would be fine. I cant say I got bamboozled by my lawyer either because that's just hidden in the fact of the 2nd degree assault that I accepted. Which I would've never accepted the plea if it would stay on my record for 5-7 years(the arrest, not the conviction). So now do I have to wait 5 or 7 years until then? I put in over 20 applications in the first month I was out of jail, and no one cares about the 2nd degree assault, just the arrest... I've been in trouble 1 other time and that was on a stet docket. Im not sure if that would help.

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1 Lawyer Answer
Scott Scherr
Scott Scherr
  • Criminal Law Lawyer
  • Towson, MD
  • Licensed in Maryland

A: If you received probation before judgment, it can be expunged three years after the entry of the PBJ so long as your probation is over by then or sooner for good cause. If the conviction was intact, then it depends whether the assault was a domestic incident. If it was not, the waiting period is 7 years. If it was domestic, the waiting period is 15 years.

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