How do you get your PBJ expunged earlier than the 3 years?

Asked over 4 years ago - Hyattsville, MD

i completed my 6 month probation before judgment and now i want to get it expunged , so is there any way i can get it expunged before the 3 years... i didint get any violations or anything of that nature.

Attorney answers (3)

  1. Lisa Manning

    Contributor Level 10

    Answered . You are correct in your understanding of Maryland law that you must wait three years from the conclusion of a probation before judgment (PBJ) case to file to expunge the record. Unfortunately, the law allows the waiting period to be waived only in cases that are resolved by acquittal, nolle prosequi or dismissal, but not for PBJs. See Maryland Code § 10-105.

    When you get closer to the end of the three year waiting period, consult with a lawyer about preparing expungement paperwork so that you can file as soon as you are eligible.

    In the mean time, you will have to disclose information about your case when asked. How an employer views your criminal record will be determined by the way in which you present the information and the strength of the rest of your application. It is generally better to "own" your record, so that you can mitigate its effect. Based on your post that you successfully completed the PBJ, the case is NOT a criminal conviction, but instead has now been dismissed per the terms of the PBJ.

    It is always a good idea to have a complete copy of your record available -- especially the Order showing your case was dismissed. I would also to double check with the Court to make sure their records reflect the dismissal. You can check the status of your Maryland record online at:

    http://casesearch.courts.state.md.us/inquiry/in...

    Best of luck,
    Lisa Manning, Esq.
    RECORD ABSOLUTIONS
    1629 K Street, N.W.
    Suite 300
    Washington, DC 20006
    (202) 905-2560
    (202) 747-2880 fax
    LManning@RecordAbsolutions.com
    www.RecordAbsolutions.com

    NOTE: This post provides general information on expungement. The information contained herein is not intended as legal advice, and you should therefore not act upon it before consulting with professional legal counsel. To obtain legal services from any law firm, including Record Absolutions, you must first establish an attorney-client relationship. This requires personal contact with us, and our determination that we are willing to take the engagement. Until all of these steps are complete, you have not hired an attorney and have not become a client of the firm. Thank you for your understanding.

  2. Lisa Manning

    Contributor Level 10

    Answered . I accidentally omitted information from my previous answer to this question, but cannot figure out a way to edit my post. Please see below for a very important addition:

    While defendants with eligible PBJs must generally wait three years from the case's conclusion to file for expungement, the relevant Maryland statute allows the court to "grant a petition for expungement at any time on a showing of good cause." See Maryland Code § 10-105(6). For example, if you have maintained a clean record and you have a compelling argument that your PBJ case is unfairly affecting your employment, education, housing opportunities, a judge has discretion to order expungement prior to the expiration of the three year waiting period.

    To make such a request of the Court, I suggest you consult with a lawyer who can first confer with the State's Attorney's Office and hopefully get the prosecutor's consent to the the early filing of your Petition for Expungement of Records.

    Again, my apologies for the two separate answer posts.

    Best of luck,
    Lisa Manning, Esq.
    RECORD ABSOLUTIONS
    1629 K Street, N.W.
    Suite 300
    Washington, DC 20006
    (202) 905-2560
    (202) 747-2880 fax
    LManning@RecordAbsolutions.com
    www.RecordAbsolutions.com

    NOTE: This post provides general information on expungement. The information contained herein is not intended as legal advice, and you should therefore not act upon it before consulting with professional legal counsel. To obtain legal services from any law firm, including Record Absolutions, you must first establish an attorney-client relationship. This requires personal contact with us, and our determination that we are willing to take the engagement. Until all of these steps are complete, you have not hired an attorney and have not become a client of the firm. Thank you for your understanding.

  3. Peter J Tomao

    Contributor Level 14

    Answered . Consult with the attorney who represented you in Court or a qualified criminal defense attorney who regularly appears in that court. Generally, you cannot accelerate the expungement process. If the law says three years, judges will be reluctant to cut the date even if the statute permits it. An exception may exist if it interferes with your getting a particular job, especially in the military or public service.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.

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