Last week's blog looked at the initial steps involved in a juvenile record expungement in Maryland. Those initial steps included the petitioner filing for the expungement, the court then serving the petition to those people and agencies involved in the criminal case and the filing of any objections to the expungement. Here are the remaining steps in this legal process.
Once the petitions have been sent, the court may then decide to hold a hearing on the expungement. The court can choose to hold a hearing if it believes that the petition filed does not qualify for an expungement. It can also hold a hearing if any objections were filed to the petition within 30 days after the petition was served. The court may also choose to hold a hearing of its own volition.
The next step is for the court to either grant or deny the petition. If it believes that the person seeking expungement is not entitled to it, it will deny the petition. However, if the court thinks that the person seeking expungement should get it, then they will award the expungement to that individual. Depending on the court's decision, either the petitioner or the State's Attorney may then file an appeal regarding the result.
If expungement has been granted by the court, then the custodian of juvenile records will delete the records of the criminal conviction as ordered. The custodian must then inform the court, the petitioner and all parties involved in the process about the expungement in writing within 60 days of the court order.
A juvenile expungement of criminal charges is a good first step toward starting anew. However, any Maryland resident who is considering filing for a juvenile expungement may want to speak to a criminal defense attorney in order to explore the feasibility of using this valuable legal tool.
Source: peoples-law.org, "Steps in the juvenile expungement process", Accessed Dec. 12, 2015