Since 1998, Maryland has taken a stand on DUI PBJs — probation before judgment — that prevents them from being expunged. Current Maryland law is that anyone with a DUI or DWI PBJ is not eligible for expungement.
As a result, DUI offenders who have been offered a PBJ have been able to avoid conviction but have not had the benefit of expungement. A DUI PBJ would forever remain on their record, until now. Senate Bill 118, allows expungements of PBJs for DUI, DWI, and DUI per se (a blow score of .08 or higher) IF:
- Fifteen (15) years have passed since the COMPLETION of any probation imposed (not the original offense date) and
- The petitioner has not been convicted of any offense greater than minor traffic since the imposition of the DUI PBJ and
- The petitioner has not received another PBJ for violation of §21-902
Once signed, the bill could lead to many — who have had the stain of background checks coming up with a DUI in their background — no longer having that to worry about. The expungement opportunity will put Defendants on par with those from other states who have obtained DUI expungements.
It should be noted that Maryland expungements apply to all state courts in Maryland. It will remove the records from public view in Maryland, but federal background checks may still be able to pull information regarding the case.
How can Maronick Law help?
No matter where in Maryland you are, we can help with an expungement. The expungement requires:
- Filing a petition
- Our attorneys providing the arguments and documentation
- If necessary, our lawyers appearing at a hearing for you in which we tell the judge that you deserve this action
The results can be life changing. Not having this on your record means that background checks in Maryland will no longer pull up DUI PBJs. This will no longer serve as an impediment to you getting loans or jobs that might have come your way because of a mistake made many years ago.
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