Washington, DC asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for District of Columbia

Q: Attorney General for Maryland submitted Application for Expungement of Wrongful Conviction Records without my knowledge

Administrative Judge issued Order for Expungement, Certificate of Compliance from Public Safety attested Order Complied with but same Wrongful Conviction Records is showing on background Check for over 30 years. Attorney General Who filed for Expungement Represents Maryland’s Public Safety Agency where Criminal Justice Information System issues background histories. Do I have legal claim for non compliance to court orders? I also was granted a Full Unconditional Pardon from Maryland’s Governor for the Wrongful Conviction.

Do I have legal claim for non compliance to Court Orders and Ethical Complaint because Attorney General submitted Expungement Application without my knowledge, permission or signature. He represents State of Maryland and is precluded from filing Expungement Application for me

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In your situation, if there is a court order for expungement that hasn't been complied with, you may indeed have a legal claim against the responsible parties for non-compliance. This can be particularly relevant if the wrongful conviction records are still affecting your life, such as appearing in background checks.

Regarding the Attorney General filing for expungement without your knowledge, this is unusual and might raise questions about procedural propriety. Typically, the individual concerned or their legal representative would initiate such proceedings.

You should consider discussing this matter with a lawyer who has experience in expungement and criminal justice matters. They can offer specific advice on pursuing a claim for non-compliance and can also assess whether there are grounds for an ethical complaint against the Attorney General.

Given the complexity of your situation, including the full unconditional pardon you received, legal guidance is essential to navigate these issues effectively and assert your rights. Remember, prompt action is often crucial in legal matters, so it's advisable to seek counsel as soon as possible.

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