King George, VA asked in Criminal Law for Maryland

Q: My question before was if I can get my 2nd degree assault charge expunged before 7 years because the arrest was is terr

My arrest was 100 times what it shouldve been and I cant get a job. No one cares about the 2nd degree assault, but they care about the arrest. "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." is what a lawyer said on this website to my question about 2nd degree assault. No it does not deal with domestic. And on the paper work it is not probation before judgement. I talked to my lawyer when I got out of jail, and he said "after 18 months, see me, we can work out a deal and put in for an expungement with the new Maryland law". I went from (attempted murder)to 2nd degree assault. For a fight, I should've went to trial if I knew the arrest was gonna effect me this bad. I had witnesses

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

A: If your attorney filed a motion for modification of sentence within 90 days and asked the judge to hold it sub curia, then your attorney can ask the court to schedule a hearing to determine whether the conviction should be modified to probation before judgment. If it is modified to the PBJ, the three years runs from the date of modification unless you file a motion seeking an early expungement for good cause.

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.