Thomas G. WitkopLaw Offices

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Expunging Convictions in Maryland

Thank you to the Maryland Lawyer Volunteer Services for summarizing this. It was not long ago that a conviction in Maryland would stick with you for life absent a pardon by the governor. The Gen. assembly has made certain convictions eligible for expungement. Expunging convictions on your record if you are a US citizen has great benefits and I cannot think of any viable downsides. If you are not a US citizen you should consult with an immigration attorney before requesting that the matter be expunged.

The expungement process is generally straightforward. I can help you with it at very reasonable rates.
Below are the convictions made eligible for expungement under the Justice Reinvestment Act including the three eligible convictions added as of October 1, 2018. 

MOST COMMON EXPUNGEABLE CONVICTIONS:

10 Year
  • Public intoxication
  • Possession/administration of CDS
  • Drug Paraphernalia
  • B&E of a Vehicle – Rogue/Vag
  • Trespass – Posted Prop
  • Theft
  • Unauthorized Removal of Prop
  • Disturbing the Peace
  • Prostitution
  • Affray, rioting, criminal contempt or hindering
  • Violate ex-parte order
  • Bad checks
  • Public assistance fraud
  • Disturbing the Peace/Obstructing or Hindering/Disorderly Conduct/Failure to Obey Order
 15 Year
  • 2nd Degree Assault
  • Felony theft
  • CDS with Intent to Distribute
  • Burglary – 1st, 2nd and 3rd
 Attempt, conspiracy, or solicitation of any of these listed offenses

ALL JRA CONVICTIONS:

Ten Year Waiting Period
(1) § 6–320 OF THE ALCOHOLIC BEVERAGES ARTICLE; (Public intoxication)
(2) AN OFFENSE LISTED IN § 17–613(A) OF THE BUSINESS OCCUPATIONS AND PROFESSIONS ARTICLE;
  • (1) § 17–502 (real estate broker/ salesperson handling of trust money)
  • (2) § 17–525 (discriminatory real estate practices in Baltimore City)
  • (3) § 17–526 (discriminatory real estate practices in Montgomery County)
  • (4) § 17–527 (real estate broker/ salesperson soliciting listings in Baltimore City and County)
  • (5) § 17–530 (agent’s disclosure in writing that the licensee represents the seller or lessor or the buyer or lessee)
  • (6) § 17–532 (licensee shall comply with the provisions of this section when providing real estate brokerage services)
  • (7) § 17–601 (real estate broker must be licensed)
  • (8) § 17–602 (fraudulent misrepresentation as licensed real estate broker)
  • (9) § 17–603 (real estate broker cannot allow unauthorized individual to provide brokerage services)
  • (10) § 17–604 (real estate broker/ salesperson cannot compensate unlicensed person for brokerage services)
  • (11) § 17–605 (a real estate broker/ salesperson may not compensate a lawyer for the referral of a person as a possible party to a residential real estate transaction)
  • (12) § 17–606 (on real property outdoor sign, cost of ground rent cannot be smaller than price of real property)
  • (13) § 17–607 (real estate transaction involving a single-family dwelling, a real estate broker/ salesperson may not require a buyer, as a condition of settlement, to employ particular agents)
  • (14) § 17–608 (induce another person to sell or rent a dwelling or otherwise transfer real estate or knowingly discourage or attempt to discourage another person from buying real estate)
  • (15) § 17–609 (prohibition on solicitation to change the racial composition of a neighborhood)
  • (16) § 17–610 (prohibition on submitting false documents to the Commission)
  • (17) § 17–611 (prohibition on violating a suspension order)
(3) § 5–712, § 19–304, § 19–308, OR TITLE 5, SUBTITLE 6 OR SUBTITLE 9 OF THE BUSINESS REGULATION ARTICLE;
  • 5–712 (failure to deposit money received under or in connection with a preneed burial contract)
  • 19–304 (recordation prohibitions)
  • 19–308 (plastic secondary packaging manufacturing and usage)
  • TITLE 5
    • SUBTITLE 6 (regulations related to cemetery maintenance – trust fund required)
    • SUBTITLE 9 (regulations related to operating a cemetery – licensure)
(4) § 3–1508 OR § 10–402 OF THE COURTS ARTICLE;
  • 3–1508 (failure to comply with the relief granted in an interim peace order)
  • 10–402 (electronic communication prohibitions)
(5) § 14–1915, § 14–2902, OR § 14–2903 OF THE COMMERCIAL LAW ARTICLE;
  • 14–1915 (penalties for violation of this subtitle)
  • 14–2902
  • (a) untrue, deceptive, or misleading advertisements
  • (b) sale of repossessed, reconditioned, rebuilt, or secondhand property
  • (c) advertise for sale property or a service that the person does not possess or control
  • (d) omit reference to the country of registry of the vessel when issuing, selling or offering to sell ticket to board
  • 14–2903 (advertising with intent not to sell)
(6) § 5–211 OF THE CRIMINAL PROCEDURE ARTICLE;
  • 5–211 (Failure to surrender after forfeiture of bail or recognizance)
(7) § 3–808 OF THE CRIMINAL LAW ARTICLE;
  • 3–808 False, fictitious, or fraudulent liens or encumbrances prohibited
(8) § 5–601, § 5–618, § 5–619, § 5–620, § 5–703, § 5–708, OR § 5–902 OF THE CRIMINAL LAW ARTICLE;
  • 5–601 (Possession/administration of CDS)
  • 5–618 (Poss/purchase of noncontrolled substance)
  • 5–619 (Drug Paraphernalia)
  • 5–620 (Controlled paraphernalia)
  • 5–703 (Unsolicited mailing)
  • 5–708 (Inhalent)
  • 5–902 (Prohibited Acts)
(9) § 6–105, § 6–108, § 6–206, § 6–303, § 6–306, § 6–307, § 6–402, OR §6–503 OF THE CRIMINAL LAW ARTICLE;
  • 6–105 (Malicious Burning of Property in the 2nd degree)
  • 6–108 (Burning trash container)
  • 6–206 (B&E of a Vehicle- Rogue/Vag)
  • 6–303 (Pub Utility Interference- Electrical Equip)
  • 6–306 (Serial #- Alteration/Sale of Good)
  • 6–307 (Serial #- Possession and Use)
  • 6–402 (Trespass- Posted Prop),
  • 29 6–503 (Unauthorized Access to RR Vehicle)
(10) § 7–104, § 7–203, § 7–205, § 7–304, § 7–308, OR § 7–309 OF THE CRIMINAL LAW ARTICLE;
  • 7–104 (Theft)
  • 7–203 (Unauthorized removal of Prop)
  • 7–205 (Failure to Return Rental Vehicle)
  • 7–304 (Obtaining telephone records without authorization)
  • 7–308 (Prohibited transfer of recorded sounds or images)
  • 7–309 (Penalty- First of subsequent)
(11) § 8–103, § 8–206, § 8–401, § 8–402, § 8–404, § 8–406, § 8–408, §8–503, § 8–521, § 8–523, OR § 8–904 OF THE CRIMINAL LAW ARTICLE;
  • 8–103 (Obtaining Prop/Services by Bad Check)
  • 8–206 Obtaining prop by counterfeiting/Theft/Misrep)
  • 8–401 (Fradulent conversion of partnership assets)
  • 8–402 (Fraudulent misrep by corporate officer/agent)
  • 8–404 (Pyramid promotional schemes)
  • 8–406 (misuse of documents of title)
  • 8–408 (Unlawful subleasing of motor vehicles)
  • 8–503 (Public assistance fraud)
  • 8–521 (Fraudulently obtaining legal rep from the PD‘s office)
  • 8–523 (Housing assistance fraud)
  • 8–904 (Racehorse under false name)
(12) § 9–204, § 9–205, § 9–503, OR § 9–506 OF THE CRIMINAL LAW ARTICLE;
  • 9–204 (Bribery of person participating in/connected with athletic contest)
  • 9–205 (Acceptance of bribe by person participating in/connected with athletic contest)
  • 9–503 (False statement to public official concerning crime or hazard)
  • 9–506 (MD higher ed commission fund application- false or concealed material fact)
(13) § 10–110, § 10–201, § 10–402, § 10–404, OR § 10–502 OF THE CRIMINAL LAW ARTICLE;
  • 10–110 (Illegal dumping and litter control law)
  • 10-201 (Obstructing or hindering the free passage of another, disorderly conduct/disturbing the peace, failure to obey a reasonable lawful order, disturbing the peace/loud noise, building fire on a beach or other property [Wicomico County]).
  • 10–402 (Removing human remains without authority)
  • 10–404 (Cemetery- Destroying funeral objects; indecent conduct)
  • 10–502 (Bigamy)
(14) § 11–306(A) OF THE CRIMINAL LAW ARTICLE;
  • 11–306(A) (Prostitution)
(15) § 12–102, § 12–103, § 12–104, § 12–105, § 12–109, § 12–203, §12–204, § 12–205, OR § 12–302 OF THE CRIMINAL LAW ARTICLE
  • 12–102 (Betting, wagering, gambling and related activities)
  • 12–103 (Playing certain games)
  • 12–104 (Gambling device, or building, vessel, or place for gambling)
  • 12–105 (Gambling on vessel or building or other structure on or over water)
  • 12–109 (Prearrangement or predetermination of horse race results)
  • 12–203 (Scales and draw of lottery devices),
  • 12–204 (Location of sales/barter of lottery devices)
  • 12–205 (Possession of lottery devices/records)
  • 12–302 (Possession/operation of slot machine)
(16) § 13–401, § 13–602, OR § 16–201 OF THE ELECTION LAW ARTICLE
  • 13–401 (requirements of the authority line in each item of campaign material)
  • 13–602 (offers, gifts, money, etc. may not be used to influence voting)
  • 16–201
  • (a)(1) Impersonate someone to vote or attempt to vote / Vote or attempt to vote under false name
  • (a)(2) vote more than once for a candidate or on same ballet
  • (a)(3) vote more than once in the same election
  • (a)(4) vote in an unauthorized district
  • (a)(5) influence or attempt to influence a vote through force, threat, menace, intimidation, bribery or offer of reward
  • (a)(6) influence or attempt to influence a voter’s decision to go to the polls through force, threat, menace, intimidation, bribery or offer of reward
  • (a)(7) engage in conduct that denies right to vote on basis of race, color or disability
(17) § 4–509 OF THE FAMILY LAW ARTICLE
  • 4–509 (Penalties- Failure to comply with interim/temp/final protective order)
(18) § 18–215 OF THE HEALTH – GENERAL ARTICLE;
  • (a) physician who fails to submit report under § 18–204 of this subtitle
  • (b) person who violates any provision of § 18–202 of this subtitle
  • (c) in addition to any other penalty provided by law, a physician who fails to submit the report required under § 18–201 of this subtitle
  • (d) person who violates any provision of § 18–205 of this subtitle
  • (e) disclosing personal identifying health information acquired for the purposes of HIV and AIDS reporting
  • (f) requesting or obtaining information on HIV and AIDS under false pretenses or through deception
(19) § 4–411 OR § 4–2005 OF THE HOUSING AND COMMUNITY DEVELOPMENT ARTICLE
  • 4-411 (False statement on a document required to be submitted for a Rental Housing Program loan
  • 4-2005 (False statement on a document required to be submitted for an Energy-Efficient Homes Construction Program loan)
 (20) § 27–403, § 27–404, § 27–405, § 27–406, § 27–406.1, § 27–407, §27–407.1, OR § 27–407.2 OF THE INSURANCE ARTICLE
  • 27–403 (fraudulent insurance acts)
  • 27–404 (insurer to write or place a policy or insurance contract or pay a commission or other consideration to a person that does not have a certificate of qualification)
  • 27–405 (to act as or represent to the public as an insurance agent or another component of the insurance process)
  • 27–406 (false or fraudulent statement or representation in or with reference to an application for insurance)
  • 27–406.1 (an individual surety to solicit or issue a surety bond or contract of surety insurance except as provided in:
  • (b)(1) §§ 13–207 and 17–104 of the State Finance and Procurement Article; and
  • (b)(2) for an uncompensated person, §§ 5–203 and 5–204 of the Criminal Procedure Article
  • 27–407
  • (1) to solicit, for personal gain, an individual injured by or in a motor vehicle to sue or retain a lawyer to represent that individual in a lawsuit
  • (2) to solicit, to solicit, an individual injured by or in a motor vehicle to seek care from a health care practitioner
  • (3) a lawyer or health care practitioner to employ or compensate a person for the purpose of having that person solicit or attempt to solicit clients for the lawyer or health care practitioner
  • 27–407.1 (intentional motor vehicle accident or a scheme to create documentation of a motor vehicle accident that did not occur with purpose of submitting a claim)
  • 27–407.2 (contractor offering home repair or remodeling services for damages to a private residence caused by weather, to pay or otherwise compensate an insured with intent to defraud an insurer)
(21) § 5–307, § 5–308, § 6–602, § 7–402, OR § 14–114 OF THE PUBLIC SAFETY ARTICLE
  • 5–307 (handgun permit)
  • 5–308 (carrying handgun permit whenever handgun is carried)
  • 6–602 (represent themselves as or interfere with or obstruct the State Fire Marshal, a deputy State fire marshal, or a special assistant State fire marshal)
  • 7–402 (represent themselves as or interfere with or obstruct a firefighter, a rescue squad member, or emergency services personnel)
  • 14–114 (violate an order, rule, or regulation issued under the authority of this subtitle)
(22) § 7–318.1, § 7–509, OR § 10–507 OF THE REAL PROPERTY ARTICLE
  • 7–318.1 (foreclosure consultant fails to obtain a real estate broker’s license or violates any provision of Title 17 of the Business Occupations and Professions Article)
  • 7–509 (penalties for violating this subtitle)
  • 10–507 (failure to comply with this subtitle or any breach of any trust created by this subtitle)
(23) § 9–124 OF THE STATE GOVERNMENT ARTICLE
  • 9–124 (state lottery ticket prohibitions)
(24) § 13–1001, § 13–1004, § 13–1007, OR § 13–1024 OF THE TAX –GENERAL ARTICLE
  • 13–1001 (failure to file a tax return)
  • 13–1004 (tax fraud through income tax return preparer)
  • 13–1007 (failure to file income tax withholding return)
  • 13–1024 (evade payment of a tax, prevent the collection of a tax, fails to provide information as required, or provides false or misleading information)
(25) THE COMMON LAW OFFENSES OF AFFRAY, RIOTING, CRIMINAL CONTEMPT, OR HINDERING; OR
(26) AN ATTEMPT, A CONSPIRACY, OR A SOLICITATION OF ANY OFFENSE LISTED IN ITEMS (1) THROUGH (25) OF THIS SUBSECTION.
Fifteen Year Waiting Period
-§ 3–203 OF THE CRIMINAL LAW ARTICLE – 2nd degree Assault
-An offense classified as a “domestically related crime” under Criminal Procedure Article § 6-233. This is determined on a case-by-case basis. In cases where the victim is a family member or cohabitant of the defendant, the State’s Attorney has the discretion to ask the Court to make a finding that a given offense is a domestically related crime. This finding will be reported to the Criminal Justice Information System Central Repository.
A felony that is a violation of:
– § 7–104 OF THE CRIMINAL LAW ARTICLE
(Theft, theft by deception, possession of stolen property) [Felony is defined as theft of property valued at least $1,500.]

-THE PROHIBITION AGAINST POSSESSION WITH INTENT TO DISTRIBUTE A CONTROLLED DANGEROUS SUBSTANCE UNDER § 5–602(2) OF THE CRIMINAL LAW ARTICLE
(CDS – Possession with intent to distribute or dispense)

– § 6–202(A), § 6–203, OR § 6–204 OF THE CRIMINAL LAW ARTICLE
(1st degree burglary, 2nd degree burglary, 3rd degree burglary)
– AN ATTEMPT, A CONSPIRACY, OR A SOLICITATION OF ANY OFFENSE LISTED
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