Q: Can I expunge 42-year-old charges for open container and resisting arrest in Maryland?
I am looking to have a guilty finding for an open container violation and resisting arrest from 42 years ago expunged in Maryland. The offenses occurred when I was 19 years old, and I am currently 60. In the past, I had other convictions, including possession with intent to distribute in 1988 (which resulted in five years of probation) that I was able to expunge. In 1983, I was fined $25 for the open container charge and $50 for resisting arrest. I have fulfilled all court requirements related to those charges. Is it possible to have these 42-year-old offenses expunged?
A: If you received probation before judgment, they can both be expunged. If the convictions are intact and they arose from the same incident, then they cannot be expunged because resisting arrest cannot be expunged. Under the unit rule, both charges must be eligible. However, the laws change frequently and this could change in the future. You should verify this with a lawyer looking up your charges to be sure.
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