You can clear your criminal record - but there’s a catch

Tens of thousands of people are arrested every year in the Baltimore area. For the “frequent fliers” of our criminal justice system, one arrest probably won’t make much of a difference in their lives. But for productive members of society who may have experienced a legal knee scrape, having an arrest on their criminal record can create embarrassment, frustration and even unemployment.

A way exists for generally law-abiding people to get a clean slate: expungement.

Especially in an era where anyone’s dirty laundry can be rummaged through by anybody with Internet access, applying to have an arrest removed from their record can be at the top of the offender’s to-do list.

You begin the expungement process by completing a court form and paying a filing fee. The form asks for basic information about your arrest and the disposition of the case. A copy is forwarded to the agency (for example, a police department) that made the arrest. If it objects, your request is initially denied. However, you’re entitled to have the matter heard before a judge.

Not every case qualifies for an expungement. Eligibility depends on the disposition of the case, which must be one of the following:

1. Stet docket. A stet is an indefinite postponement. For all intents and purposes, it concludes a case. (The case can be reopened within the first year, for any reason agreed to by a judge, but this rarely happens.) An expungement may be filed after three years.

2. Nolle prosequi. This Latin term means not willing to pursue. The common street reference is “the case got thrown out.” The matter is eligible for expungement the day a nolle prosequi is entered.

3. Probation before judgment. This is for offenders who were technically found guilty but given the benefit of a not-guilty finding. This is usually reserved for offenders without a significant criminal background. Probation before judgments become expungable three years after the conclusion of the case if no new infractions occur.

If convicted, you may be able to petition the court (advisably with the assistance of an attorney) for a modification of sentence. If the sentence is modified to one of the three dispositions mentioned above, it becomes expungable. Otherwise, you might apply for a governor’s pardon.

If your expungement is approved, the court will issue a statewide order to destroy all information about your arrest. When this is completed, you receive letters of compliance from the arresting agency, the Criminal Justice Information System and the Maryland State Police.

The downside is that, as many expungees celebrate their new lease on life, they do so under a false pretense. They might believe they’re no longer haunted by their past iniquity, but nothing could be further from the truth. The FBI is a federal agency that operates under federal law. It’s not bound by a state order to expunge a criminal record. To the best of my research, there is no such thing as a federal expungement of state charges. The FBI is notified of every arrest and maintains its own permanent file.

There are upsides to expungements, though. Only trained, privileged, purpose-driven individuals can access your FBI file. This means the “average Joe,” bored at his desk and running his old high school mates through the Maryland judiciary case search, won’t find an expunged case. Also, most employers can obtain only your state record while conducting a background check before hiring.

So, an expungement is a lot like wearing an Armani suit without taking a shower —your outer appearance is flawless but, just beneath the surface, is a smelly little secret you hope no one will discover.

Valdez V. Fisher Jr. of Baltimore is the author of “I Ain’t Bitin’ My Tongue.” He can be reached at  

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