So this post is essentially the script for my Maryland Expungement Form Tutorial video you see above. I figured that it may be easier for the people who learn by reading. Let me know which format you prefer!
Hello this is attorney Brian X Pendergraft From Xpunge Me! Where we put the X in eXpungment. And this is my Maryland expungement form tutorial.
That’s my picture you see on the screen. I am an expungement attorney and I help people expunge their criminal and traffic records in Maryland & The District of Columbia. Before we get started I have a few caveats. First, I created this video for informational purposes only. This is not legal advice.
Secondly. Attorneys are very useful. We can help you complete your form properly and determine your eligibility for expungement. I would encourage you to use an attorney if you can afford it. If you would like a free assessment to have your record expunged. do not hesitate to contact me by clicking the button below.
Lastly, This video was created on April 11th 2020. So it’s possible that the forms may have changed by the time you watch it.
Now let’s get started!
For this video I will be expunging my own traffic record.
I got charged for driving without insurance. I showed up to court and showed my proof of insurance and the charges were dropped. Nevertheless, it’s still on my record and I want to remove it.
The first thing I need to do is is to get the information about the charge to complete the forms. The good (or perhaps bad) thing about Maryland records depending on how you look at it, is that you can easily access the information for your charge online.
Google Maryland judiciary case search.
The Maryland judiciary case search website should be the first link.
After you agree to the terms and conditions, it brings me to a page where I can search for my case by name and case number.
Because I do not know the case number for my case, I decided to do a name search.
When doing a name search, sometimes officers may spell the Defendants name incorrectly. In my case, my last name Pendergraft is often confused with Pendergrass. So I left off the last two letters. Defendants may need to use different permutations of their name in order to find their record. Even if their name is spelled incorrectly, it’s still your record and you need it expunged.
For party type select defendant. My case was a traffic case so I know for sure my case is a traffic case. If a defendant know for sure your case is criminal, select criminal. If you’re unsure all case types is always a good option.
If you know your case number, you can always try searching by case number but there have been cases where I couldn’t find a case by searching by case number.
After hitting search, not only did I find my case, but my name was spelled correctly!
I can click where the blue arrow is pointing to review my case information.
Notice where all of the white arrows are pointing. This is the information that I will need to complete my form. In the header section I need to write down my case number. Violation date, and the Police agency name.
In the charge information section I need to take note of exactly what I was charged with and the related citation number.
Next, I need to to take note of the disposition of my case and the related case number.
This is the information we will use to complete our expungement petition.
Now it’s time for the main event where we’ll be using the information that we gathered tto complete our expungement petition. This is what the standard expungement petition form looks like. If you received a guilty disposition, this is not the form that you use. I’ll show you what that form looks like on the next slide
Here is what the guilty disposition expungement form look like. For the purposes of my tutorial I’m using the other form. Check out my blog post on guilty verdict expungements in Maryland to see what charges are expungeable. If you would like to see a tutorial on this form too let me know in the comments! Now back to the other form.
Now back to the not guilty form
Alright, so, we’re back. First thing you need to do is complete the header. Select whether or not you’re in District or Circuit Court and select the county your offense occured in. Then the addess of the Court House your matter took place in. In my case, it was Montgomery County and rockville District court.
Then enter the case number for your offense. If you have related cases from the same instance, you can enter them on the same form. If your cases are not from the same instance, you must use a different form. Also enter your name and date of birth.
Alright so now we have to enter to corresponding information from the case information sheet we pulled up earlier. Starting with the violation date. Next I have to check whether I was arrested, served with a summons, or given a citation. In my case I was given a citation so I checked that off.
Then enter my charge information for the incident and the offense. Lastly I entered my disposition date.
In this part, I must enter the appropriate disposition of my case. There are multiple options. Acquitted, dismissed, probation before judgement no longer a crime, probation before judgment and 3 years have passed, Stet, Nolle prosequi etc.
In my case it is nolle prosequi. So I checked that off.
Notice how the form says if your charge is nolle prosequi and it has been less than 3 years since the disposition, that you need to file an additional form called a general waiver and release. I do not have to complete a general waiver and release because its been more than 3 years since my charges were dropped.
But I’ll take a quick segway to show you what the form looks like anyway.
Alright so here is the general waiver in release form. Remember this is only required if a case was nolle prossed and it’s been less than 3 years. It must be filed at the same time as the expungement petition.
Alright now back to our expungement form. In the last part you enter your date and contact information. Feel free to leave fax blank if you don’t have a fax number.
Because I used the electronic form I must print it and sign it and make copies. File one original and 4 copies.
Thanks for watching! If you found this blog post informative please share it, also check out the video version and subscribe to my YouTube so I can keep making content like this!
Also if you would like a free assessment to help determine your cases eligibility for expungement and a no obligation quote for the attorney assistance. Do not hesitate to reach out to me!