![]() Partial expungement is being done now, according to York, but only certain judges are aware of the practice and willing to work with defendants. Multiple charges from the same incident are considered one unit, and charges cannot be expunged unless each one in the unit qualifies. “For these other positions that pay good wages, that are stable jobs… these are the ones that are really using your criminal background as a sole determinant as to whether you’re a good candidate for employment,” York said.Ĭurrent law permits a person to file for expungement on certain grounds, including acquittal, dismissal of charges, entry of probation before judgment, entry of nolle prosequi, stet of charge and gubernatorial pardon, according to legislative analysts. ‘Sole determinant’Īdvocates plan to try to incorporate Case Search and CJIS into any amendments the Senate considers to its version of the bill, sponsored by Sen. York said it’s a “huge step” to remove the charges from Case Search but said the electronic record in the Criminal Justice Information System will still exist, and some employers ask for that report rather than relying on the public database. “These are charges where you were not found guilty.” “We’re not trying to pull the wool over employers’ eyes,” York said. It was the priority bill for the JOTF this year. Erek Barron, D-Prince George’s, is to prevent potential employers or landlords from judging an applicant based on a long list of charges, not just the ones with convictions. York said while the House version of the bill is now before the Senate Judicial Proceedings Committee, the cross-filed Senate Bill 328 has not been voted on by the committee. “While we’re thrilled that the House Judiciary Committee and the full House of Delegates chamber was able to acknowledge and support the concept of allowing for expungement of charges that did not result in a conviction… we were a tad disappointed by the fact that partial expungement was limited to only Case Search,” said Caryn Aslan York, senior policy advocate for the Job Opportunities Task Force. The bill then passed the House of Delegates on March 17. The bill received a favorable report from the House Judiciary Committee but was amended to limit the partial expungement process to files on the Maryland Judiciary Case Search website. Normally, that entire file would be barred from expungement. House Bill 220 addresses “partial expungement” of records where some of the charges relating to a single incident did not result in convictions but at least one charge did. Crimes a defendant was charged with but never convicted of will be shielded from online view under an expungement bill that passed the House of Delegates last week, but advocates say the amendments made in committee diminish the bill’s effect.
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