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

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

Towson, MD -

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Attorney Answers (3)

Mark William Oakley

Mark William Oakley

Criminal Defense Attorney - Rockville, MD
Answered

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.

David Keith Felsen

David Keith Felsen

Criminal Defense Attorney - Rockville, MD
Answered

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... more
Lee Tucker

Lee Tucker

Criminal Defense Attorney - Seattle, WA
Answered

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... more

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