Law & Legal & Attorney Criminal Law & procedure

Too Legit to Suffer If You Ensure Expungement of Records

The method of removing court and police records from public inspection is called an expungement of records.

Usually this does not include Motor Vehicle Administration records, but still in Maryland all kinds of traffic and criminal records could be expunged from Motor Vehicle Administration files. Anyway, they may have minor traffic violations -a speeding ticket, for example and that is why in most states that is not allowed. The process takes about90 days unless, of course, there is kind of an appeal or objection, and it is supposed to be done in through the proper agency. It is not possible that a process expunges these records from all the agencies. Each one of these cases costs $30 to process. Money is submitted at the exact time of application.

How does it work?

The procedure finds out and opensthe defendant's criminal file, after that it dismisses the conviction and then re-closes that case without the conviction. After all, the person should no longer stay convicted. That is the effect of the whole procedure.

Anyway, not all kinds of convictions could be dismissed. The procedure of the expungement of records is quite limited - in fact, it is only considering cases in which the defendant was sentenced to a probation,county jail time, sometimes a fine, or maybe a combination of two or those three.

And still, the case record itself will not disappear from the files, and the expungement willstill exist and would appear in case someone is trying to reach it.

Additionally, the Penal Codes permitting expungment of records prohibit certain kinds of convictions from being dismissed. Some of these exceptions, maybe even most of them, involve some very serious vehicle code violationsandeven sexual offenses.

So, if a person hasever been charged with some kind of a crime, and that includes traffic violation, sexual offenses and many more,and the term of imprisonment have been imposed, they may file a petition for expungement of records.

There are few very important things in order to come to that petition. First of all, the defendant must have been found not guilty and their charge was dismissed – that is the most important. If the defendant was found guilty or the charge was not dismissed, a petition would not be an option at all.

Second of all, the State's Attorney didn't prosecute the person's charge and the charge resulted in probation before the judgement. That includes all the charges of driving under the influence or driving while impaired. Third, if the court postponed defendant's case and that same case was compromised, or in other words – the case must have been indefinitely settled.

You may also file a petition for expungement if you have been Juvenile Waived.

Anyway, the expungement process does not start with the Criminal Justice Information System-Central Repository. In order to make it properly, must follow many procedures and provide correct and proper information on your identity and case.
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