Frostburg, MD asked in Criminal Law for Maryland

Q: I was charged with 4th degree burglary. I got PBJ and it’s been 3 years since that ended. Can I have it expunged?

I didn’t burglarize anything. Some ppl drugged me and I thought my uncle was still staying in this same room so I beat on the door because I thought ppl were chasing me so I jumped in the window, realized he wasn’t staying there anymore, then I jumped out the back window. I told the cops what happened and they didn’t even arrest me! The next day the show up with a warrant because the ppl staying in that room have a pretty lengthy criminal record. I have a crap driving record but I’ve never stolen or burglarized anything. I even called the clerk gave them the case number and they told me yes it’s been 3 years since the PBJ ended and to come in and file for expungement. Today I get a letter saying the state is objecting to my expungement. The two ppl kept calling the state police and even they said the amount of money they’re claiming you stole keeps changing and said he didn’t even want to come arrest me because he knew they were lying. I had nothing in my pockets when security checked.

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

A: You are entitled to expungement three years from the entry of the PBJ so long as your probation has ended. However, a subsequent conviction within the three years or pending criminal charge can disqualify you from expungement. If the State is objecting, they would state the reason for their opposition. It would be important to know the reason for the objection. You should consult with a lawyer.

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