A criminal record can pose many difficulties for a person, especially when finding employment or housing. A criminal record can make it challenging to find a job, as employers may be hesitant to hire someone with a criminal record. It can also make it difficult to find housing, as landlords may be reluctant to rent to someone with a criminal record.
In today’s article, let’s take a closer look at criminal records and whether or not it’s possible to get them wiped or expunged in Maryland. Here’s what you need to know:
Are You Required to Tell Employers About a Criminal Record?
In Maryland, job applicants need to understand the laws regarding criminal records and disclosure to employers. In general, applicants are not required to disclose their criminal records to employers in Maryland. However, there are certain circumstances when employers may request such information, and applicants should be aware of their rights and obligations.
First, employers may not ask a job applicant about any criminal convictions until after a conditional offer of employment has been made. This means employers cannot ask about criminal records during interviews or job applications. Additionally, employers may not ask about arrests that did not result in a conviction.
Second, even if an employer does ask about criminal history after making a conditional offer of employment, the applicant does not have to answer the question. The applicant can say that they wish to refrain from answering the question. However, if the applicant does choose to answer the question, they will need to provide accurate information about their criminal record.
Third, employers may not ask job applicants about juvenile records. The law in Maryland protects applicants from having to disclose juvenile records to employers.
Finally, employers may not discriminate against applicants based on their criminal records. Discrimination based on criminal records is prohibited by both federal and Maryland law.
Can You Get a Criminal Record Wiped or Expunged in Maryland?
First, it’s essential to understand the difference between a wiped and an expunged criminal record. A criminal record wiped is when all records of an offense are erased from the criminal database.
This means that the offense will not show up on a background check. Conversely, an expungement is when a criminal record is sealed and no longer available to the public. In Maryland, getting a criminal record wiped or expunged is known as an “expungement.”
To get a criminal record wiped or expunged in Maryland, you must first meet specific requirements. You must have completed all requirements of your sentence, including any probation or parole. You must also not have any pending criminal charges or warrants. Additionally, you must not have prior or subsequent convictions on your record. If you meet these requirements, you may be eligible for an expungement.
Filing for Expungement in Maryland
Getting a criminal record wiped or expunged in Maryland can be complicated and time-consuming. First, you must fill out an application and submit it to the Maryland State Police.
The application must include a detailed explanation of why you seek an expungement and any relevant supporting documents. Once the application is submitted, the Maryland State Police will review your application and determine whether or not you are eligible for an expungement.
If your application is approved, the Maryland State Police will issue an order of expungement, which must be served on all relevant agencies, including the court, the prosecuting attorney, and the arresting agency.
Once the order of expungement is served, the criminal record will be wiped or expunged. It is important to note that expungement does not erase your criminal record but rather seals it so that the public cannot access it.
The Bottom Line
If you would like to get your criminal record expunged in Maryland, it is essential to consult a professional. A professional can provide you with the necessary guidance and advice to ensure that your criminal record is expunged in a timely and accurate manner. Furthermore, should any unforeseen complications arise, a professional will be able to provide the best possible solution to ensure that your criminal record is expunged.
Hennessy Law, LLC focuses on protecting our client’s rights. With 50 years of experience, we provide professional and compassionate assistance in our zealous representation of our clients. We practice personal injury and criminal defense law in State and Federal Courts in Maryland, the District of Columbia, and Virginia. If you’re looking for expungement lawyers, contact us online, call us at (301)934-6400, or visit us at our office at 103 Centennial St. K La Plata, MD 20646.