As a criminal defense attorney with offices in Carroll County and Howard County, one of the toughest parts of my job is explaining to clients that their criminal record may follow them for the rest of their life. Particularly, DUI convictions which are not expungeable. Thankfully, the Maryland Second Chance Act was created to allow certain crimes to be “shielded” from public view.
How does the Maryland Second Chance Act work?
The law on the shielding of convictions is a brand new statute and limited to only certain crimes.
In order to shield a record, a petition to shield may be filed no earlier than 3 years after satisfaction of the sentence, including including parole and probation.
Additionally, a person cannot be convicted or a defendant in a pending criminal case during the application period.
Finally, the State’s Attorney can file an objection to the petition for shielding within 30 days after the petition is served. If the State files an objection, then a hearing may be held to determine whether or not the record will be shielded.
More importantly, a person may be granted only one shielding petition over their lifetime.
What crimes can be shielded by the Maryland Second Chance Act?
Here, is a list of the crimes shieldable by the Maryland Second Chance Act:
- Disorderly Conduct
- Disturbing the Peace
- Failure to Obey a Reasonable and Lawful Order
- Malicious Destruction of Property
- Trespass on Posted Property
- Possessing or Administering a Controlled Dangerous Substance
- Possessing or Administering a Non-controlled Substance
- Use of or Possession With Intent to Use Drug Paraphernalia
- Driving Without a License
- Driving While Privilege is Canceled, Suspended, Refused, or Revoked
- Driving While Uninsured
“Shieldable” means to make a court and police record relating to a crime inaccessible by members of the general public. This is particularly helpful when it comes to Maryland’s online court database: Maryland Judiciary Case Search.
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Maryland DUI Attorney Ross W. Albers offers a free consultation.
During your free consultation, the Law Office of Ross W. Albers will review what happens after a DUI arrest in Maryland. You will discuss the facts, charges, MVA consequences and possible criminal penalties of your Maryland DUI case.
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