I pled guilty to second degree assault three years ago and my probation is now over. When I agreed to the plea my lawyer said many times that I could get an expungement once my probation was over. I've been in contact with my lawyer and have been told that the prosecutor will not contest the expungement. I'm wary because I see my charges on case search and do not see a motion for reconsideration filed and have read that a guilty pleas cannot be expunged. My lawyer reassures me that it will be done but I'm not sure if it is legally possible.
A probation before judgment can be expunged after three years if there are no pending charges or convictions, but a conviction for second degree assault cannot be expunged. If your attorney filed a Motion to Modify the sentence within 90 days of the conviction, the judge can still modify the conviction and give you the PBJ. Not all pleadings show up on Maryland Judiciary Case Search. Otherwise, your only options are post conviction relief or a pardon both of which have a very low probability of success.
Check with your attorney to see if you received a PBJ originally and if not, whether the 90 day motion was filed.
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Check with you attorney to find out if the motion was filed . If it was not your only option now is underPCRA or a governor's pardon
Information about expungement is available at mdcourts.gov. You should discuss your questions and concerns with your lawyer.
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First you should contact your attorney and ask if you were given Probation Before Judgement. If so, you may be eligible for expungement. If you were found guilty, then you would need a pardon. The expungement form can be retrieved at the clerk window at either Upper Marlboro or Hyattsville. You would complete the form and submit it with the 25.00 fee. It will take up to 8 weeks to process. If it is denied, a reason for the denial will be given.
The information and materials within this response are provided for general informational purposes only, and are not intended to be legal advice. I attempt to provide quality information, but the law changes frequently, and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. An attorney and client relationship should not be implied. Nothing within this response is intended to substitute for the advice of an attorney; therefore, if you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.
Maybe your lawyer filed the Motion. If that's true, you need a hearing within 5 years of the sentencing. Beyond that, your sentencing judge can't modify to a PBJ. Keep in mind that on Casesearch, district court criminal matters don't show details on everything filed, as they do in Circuit Court. But instead of guessing with a bunch of schmucks on Avvo, why don't you ask your actual lawyer. If your lawyer can't answer that question, you have the wrong lawyer.
Nothing posted by Mr. Cleckner on Avvo or in response to an Avvo question or request is intended to be considered legal advice or an attorney- client relationship. Do not rely on the accuracy of this information without getting a free in-depth consultation from Mr. Cleckner where your entire situation can be evaluated.
Yes it is possible to ge8 a case expunged where there was a conviction and no motion to modify filed in the case.
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