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In Maryland do you have to disclose an expunged charge when applying for a professional license?

Towson, MD |

In Maryland do you have to disclose an expunged charge when applying for a professional license such as nurse, physician, liqueur, accounting, etc.

Attorney Answers 3

Posted

No. Even state licensing boards are prohibited from inquiring into an expunged charge per Maryland's expungement statute, and you may not be denied employment or licensure based upon your refusal to answer, provide details of, or admit to any expunged charge.

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Asker

Posted

You should have been the attorney to represent me, I mean my attorney didn't even care about helping me expunge my record after my case was dropped, even though he said his firm does it for free he still charged me money and didn't even do a follow up not to mention the guilty look, he was giving me, its not like I killed anyone or something. Anyways I guess that's my mistake, I am still grateful for the services he gave me being that I could have been a felon right now if the state had its way. but I'll definitely be referring anyone who needs legal help to your door, thanks again.

Posted

I would consult with an experienced criminal defense attorney or health law attorney. Without seeing the application, it is difficult to determine if you have to disclose an expunged charge. The application process may have specific rules or guidelines you will be expected to follow. However, the whole point of getting a charge or conviction expunged is to erase it from your record so you do not have to disclose to anyone again. Although many attorneys have the expertise to expunge a record, the reality is there are data bases that will continue to show your record, regardless if your record is "expunged" through the Court process. That should be something you review with your attorney.

Mr. Tucker is licensed to practice law in Washington and Kentucky. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Tucker strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. less

Mr. Tucker is licensed to practice law in Washington and Kentucky. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Tucker strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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Posted

I know about the private data companies Mr Tucker, and their the reason why I became depressed and nearly suicidal after my one case in one lifetime was dropped. Its hard enough being a minority but the government allows stuff like that to go on, anyways thanks for your insight tho.

Posted

Respectfully, I disagree with one of the prior answers. The answer to the question depends on the question in the application. In some professional licensing applications you are asked if you were ever charged with a crime. Some ask if you were ever convicted, or placed on probation etc. You then are asked to sign your application under oath. If you have been charged, and answer in the negative because the case was expunged, you probably violated your oath because you were charged. You will always have an opportunity to explain your answer, but your answer, but you should be truthful. You could be denied the license because of your answer not the resulting disposition of the case

You also need to pay attention to the definitions used for the application Some applications preclude minor offenses, while others don't. You need to be very careful in this matter.

Please understand, without forming an attorney/client relationship this office is not providing legal advice. We are simply providing general information which should not be acted upon without careful consideration and the assistance of an experienced attorney.

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Mark William Oakley

Mark William Oakley

Posted

Respectfully, i believe that Maryland Criminal Procedure Code 10-109 answers this question and protects the applicant in this situation from having to disclose an expunged offense: "§ 10-109. Prohibited acts. (a) Applications for employment or admission. -- (1) Disclosure of expunged information about criminal charges in an application, interview, or other means may not be required: (i) by an employer or educational institution of a person who applies for employment or admission; or (ii) by a unit, official, or employee of the State or a political subdivision of the State of a person who applies for a license, permit, registration, or governmental service."

Asker

Posted

Thanks allot Mr. Oakley, you are a life saver. And also thanks to Mr. David Keith Felson for providing much needed information.

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