This discharges the arresting agency, officers, agents and employees from any claims for wrongful conduct, according to the form. Those include cases that ended with a disposition of acquittal, probation before judgment, or with charges dismissed, she said.Ī person can skip the three-year waiting period in those cases if they sign a waiver and release, Cheeatow said. Not all arrests end in convictions and in those cases, a person can apply for expungement after a period of three years, with some exceptions, said Hagerstown attorney Andrea Cheeatow. Potentially, that means a person could face enhanced penalties if they had a second drug charge filed against them, even if the earlier possession or drug paraphernalia conviction was decades old, she said. "Simple possession, under the old law, could not be expunged," said Hagerstown attorney Loren R. "Amounts greater than 10 grams will be subject to the new 10-year waiting period" under the law taking effect on Oct. "Under the 'crime no longer a crime' law, convictions for possession of marijuana under 10 grams is immediately eligible for expungement," Aslan said. Some crimes are no longer crimes, such as possession of less than 10 grams of marijuana, which now results in a person receiving a citation, rather than being arrested and facing jail time. In 2015, 59 expungement petitions were filed, of which all but six were granted, according to records in the criminal division of the Washington County Clerk of Courts Office. Thus, if a person is sentenced to a year in jail and two years' probation, the waiting period for expungement begins when both the jail and probation periods have expired, he said.Īn expungement is not a given thing, although there is a very good chance that if the case qualifies, it will be granted. The clock starts ticking, not at the time of conviction, but once a sentence and probation have been completed, Wilson said. That means no new criminal convictions during that period, he said. Brett Wilson, R-Washington, who is also an assistant state's attorney. "With a few exceptions, you have to be good for at least 10 years" to be eligible to petition for expungement, said state Del. 1, 2017, although the waiting periods are lengthy. Many misdemeanor offenses which could not be erased from court records, including the fairly common offense of second-degree assault, will be expungable beginning Oct. For example, adult criminal charges and convictions are available for public view online on the Maryland Judiciary case search system. The District Court does not conduct jury trials.A change in the law that expands the number of criminal offenses that can be expunged is more than a year away from going into effect, but people whose criminal convictions are collecting a lot of dust can begin doing the mental math as to when they can apply to have their convictions removed from public records.Īn expungement is the removal of court and police records from public inspection. The jurisdiction of the District Court is concurrent with that of the Circuit Court in criminal cases, classified as misdemeanors, and certain felonies, in which the penalty may be confinement for 3 years or more or a fine of $2,500 or more.
In civil cases the District Court has exclusive jurisdiction in claims of $5,000 or less, and concurrent jurisdiction with the Circuit Courts in claims for amounts above $5,000 but less than $30,000.
The jurisdiction of the District Court includes all landlord-tenant cases, domestic violence/peace orders, replevin actions, motor vehicle violations, misdemeanors, return of property, and certain felonies.
The District Court in Maryland is one of two trial courts (where most cases start) in Maryland. Cases may be decided by juries, but they also may be decided by a judge only. Circuit Courts also hear domestic violence cases. The Circuit Courts hear most cases appealed from the District Court, orphans’ courts, and some administrative agencies. These include juvenile and other family law cases such as divorce, custody, and child support. Circuit Courts generally handle more serious criminal cases and major civil cases. Transcripts / Previously Recorded Courtroom AudioĬircuit Courts are where jury trials are held.