Montgomery Maryland Motion for New Trial for Purpose of Expunging Criminal Record

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Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

Montgomery Maryland Motion for New Trial for Purpose of Expunging Criminal Record: A Montgomery Maryland Motion for New Trial for Purpose of Expunging Criminal Record is a legal process that individuals in Montgomery County, Maryland can pursue if they are seeking to have their criminal record expunged. Expungement is the legal act of sealing or erasing a criminal record, thus making it inaccessible to the public and providing individuals with a fresh start. Keywords: Montgomery Maryland, Motion for New Trial, Expunging Criminal Record, Montgomery County, Maryland, legal process, criminal record, expungement, sealing, erasing, fresh start. Different types of Montgomery Maryland Motion for New Trial for Purpose of Expunging Criminal Record: 1. Pretrial Diversion Programs: In Montgomery County, individuals who have been charged with certain non-violent offenses may be eligible for pretrial diversion programs. These programs aim to divert individuals away from the criminal justice system by providing rehabilitative services, such as counseling or community service. Successful completion of a pretrial diversion program can result in the charges being dismissed and the opportunity for expungement. 2. Certain Acquittals: An individual who has been acquitted of a crime in Montgomery County, either by a judge or a jury, may be eligible to file a motion for a new trial in order to have their criminal record expunged. This is typically applicable to cases where the evidence presented during the trial clearly proved the defendant's innocence. 3. Appeals and Overturned Convictions: If an individual's conviction has been overturned on appeal due to procedural errors or new evidence, they may have grounds to file a motion for a new trial in Montgomery, Maryland. This allows them to seek an expungement of their criminal record, as the initial conviction has been deemed invalid. 4. Post-Conviction Relief: Individuals who believe their conviction was obtained through constitutional violations or ineffective assistance of counsel may file a motion for a new trial. If successful, the new trial could result in either a different outcome or the opportunity for expungement of their criminal record. In conclusion, a Montgomery Maryland Motion for New Trial for Purpose of Expunging Criminal Record provides individuals in Montgomery County, Maryland with the opportunity to clear their name and move forward without the burden of a criminal record. This legal process encompasses various situations, including pretrial diversion programs, certain acquittals, overturned convictions, and post-conviction relief. It is advisable to consult with an experienced attorney familiar with Montgomery County's specific procedures when pursuing such a motion.

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FAQ

How Much Will It Cost to Expunge My Criminal Record in Texas? As a general rule, it costs more to expunge a felony than a misdemeanor. The expungement of a felony will customarily cost a minimum of $1,000, but may cost upwards of $2,500 or even more. Misdemeanors can usually be expunged for $1,000 or less.

Maryland expungement laws (Criminal Procedure §§ 10-101 to 10-110) set specific time requirements for the various phases of an expungement. The entire process will take approximately 90 days from the date of filing, but could take more time.

Form CC-DC-CR-072A. There is no charge to expunge a case with a disposition of acquittal, dismissal, probation before judgment (PBJ), nolle prosequi, stet, or not criminally responsible. Form CC-DC-CR-072B. The filing fee is $30 for eligible guilty dispositions and is nonrefundable, even if denied.

Form CC-DC-CR-072A. There is no charge to expunge a case with a disposition of acquittal, dismissal, probation before judgment (PBJ), nolle prosequi, stet, or not criminally responsible. Form CC-DC-CR-072B. The filing fee is $30 for eligible guilty dispositions and is nonrefundable, even if denied.

If you recieve a PBJ (probation before judgment) for a DUI in Maryland, it cannot be expunged. When you receive a PBJ for a Maryland DUI or DWI case, it is unlike receiving a PBJ for a criminal case. In a Maryland criminal case, you may be eligible for expungement within three years of receiving the PBJ.

PROBATION BEFORE JUDGMENT (PBJ) Under Criminal Procedure § 10-105(c)(2), a PBJ can only be expunged after probation is discharged or three (3) years after probation was granted, whichever date is later. If your probation was discharged in less than three (3) years, you may file a motion for a good cause exception.

The length of probation depends on the offense, and can be up to 3 years in District Court or 5 years in Circuit Court. Once the Defendant successfully completes the probationary term, the PBJ remains on someone's record until it is expunged. But, unlike a guilty finding, it can be expunged.

Online expungement is only available through Maryland expungement.com and not offered by a State or government website. This legal expungement service is particularly convenient for individuals who don't want to have to travel to the courthouse, obtain all the paperwork, drive home.

Expungement in Maryland if You Were Not Convicted of a Crime You were arrested but not charged with a crime.You were arrested and charged with a crime, but not convicted.Felonies.Misdemeanors.Minor nuisance crimes.Offenses that are no longer considered criminal.Offenses for which you were pardoned.

Generally, you fill out a Petition for Expungement of Records and file it with the court that heard your case. If it has been less than three years from the time your case was concluded, you will also need to file a General Waiver and Release. A filing fee of $30 may apply. This filing fee is not refundable.

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Use the Fresh Start app to see if you're eligible. Sample California criminal record report.❖ Petition and Order for dismissal forms to file with the Court. Expungement Petitions are filed in the County where the conduct occurred. Misdemeanors: Generally, you must wait for one year to apply if you were convicted of a misdemeanor. Each county may be a bit different from how you proceed to petition the court to expunge your record of arrests and court records. 1993), the plaintiff filed a motion to intervene in a case seeking to unseal court records in a case in which they had not been a party. Consult the Maryland Courts website for additional information and forms about expungement of adult criminal records and juvenile records.

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Montgomery Maryland Motion for New Trial for Purpose of Expunging Criminal Record