Q: Can expunged case testimony be used in a separate trial in Maryland?
In Maryland, can testimony from a previous case, where there was no conviction and the case was expunged, be used against a defendant in a separate trial? The prior case was not similar to the current case, Rule 10-923 may apply, and there are concerns regarding jury bias.
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A:
In Maryland, once a case has been expunged, it is as if it never occurred in the eyes of the law. That means any records, including testimony, are generally removed from public access and cannot be used in future proceedings. Using testimony from an expunged case in a new, unrelated trial can violate state rules and your right to a fair trial.
Maryland Rule 10-923 reinforces this by protecting the confidentiality of expunged records, especially in guardianship and similar proceedings. If the prior case ended without a conviction and has been successfully expunged, introducing that testimony in court could lead to serious legal challenges. It may also raise concerns about jury bias, which can unfairly affect the outcome of your trial.
If you believe this is happening in your case, it’s important to speak up. The court needs to know if your rights are being violated. You shouldn’t have to carry the burden of a past case that’s been legally erased.
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