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
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.
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