Growing up, most of us heard the stories about our “permanent record.” Getting into trouble at school could mean more than just a trip to the principal’s office or a stint in detention or even (gasp!) a suspension – it could be a mark on our permanent record that would follow us and interfere with our future.
Out in the real world, where one bad decision – or a series of bad decisions – might lead to you being charged with a crime and possibly convicted, the threat of a “permanent record” looms large once again. Only this time, it’s real, by way of the dreaded background check.
Ah yes, the background check. Feared by many – and (sometimes) with good reason. Especially if you have a criminal record. If you apply for a job or you’re up for a promotion, it is a near certainty that your potential employer will run a background check on you to see if you’ve ever been convicted of a crime. What shows up in a background check can mean the difference between landing the job… or not.
But what information is actually shared in a background check in Maryland? And who has access to that information? How about expungement – is that a possibility to hide case records? Read on for answers to these frequently asked questions.
What kind of information shows up on a background check in Maryland?
In Maryland, just about any information that is not expunged, shielded or sealed can turn up on a background check. If you are applying for a job or a promotion, attempting to rent or lease a home, or trying to secure a loan, you may be asked to consent to a background check – including a criminal background check.
A background may involve the following records:
- Court records
- Credit reports
- Driving records
- Drug tests
- Past employment (to verify prior employment)
- Property ownership records
- Sex offender lists
- State licensing records (depending on the position)
While a bank is most likely to be concerned with your credit report and property ownership records, they may also check your court records and driving records, among others. The goal is to determine if you are a responsible person, and the bank may use various records to assess you. The same goes for pre-employment background checks. While the nature of the job you are applying for will likely determine which records a prospective employer checks, they could decide to check all of them.
Unless a criminal case is expunged, the record of it will appear in a background check.
Can anyone request a criminal background check?
While you can request a background check on yourself – for a small fee, according to the Maryland Department of Public Safety and Correctional Services, not just anyone can request a background check on anyone else. “The Maryland Security and Privacy Act and the Code of Maryland Annotated Regulations (COMAR) prohibit backgrounds checks being performed on citizens without proper authorization.”
Of course, if you are applying for a job, a promotion, a lease, or a loan, you will likely be asked to supply your Social Security Number and provide written consent to a background check.
What is expungement?
So, you made a mistake and it caught up with you. It happens. But that’s in the past and now you’re ready to get on with your life and make a fresh start. Is it fair that your criminal record should follow you forever? I don’t believe so. And neither does the court – at least not in every case, particularly those involving nuisance crimes or non-violent crimes. That’s where records expungement comes in – it’s the legal process of removing from view all or part of the records pertaining to a criminal case.
Under Maryland law, cases that are successfully expunged are removed or erased from court and law enforcement records, so they do not show up on background checks.
Under what circumstances can a Maryland criminal conviction be expunged?
In Maryland, there are several factors that determine if you are eligible for expungement. These include but are not limited to, if:
- Your case was dismissed
- A judge or jury found you “not guilty”
- Your case was settled by plea bargain
- You were given probation before judgement (not including DUI/DWI cases)
- The district attorney decided not to prosecute your case
- Your case was indefinitely postponed by the court
- You were pardoned by the governor
You may also be eligible for records expungement even if you were convicted, although it depends on the specific circumstances of your case.
It is worth noting that you are not eligible for records expungement if you received probation before judgement and you were later convicted of a crime more serious than a traffic offense, or if you are currently a defendant in a criminal case.
If you are interested in possibly having your criminal case expunged, it is worth discussing the matter with an Annapolis criminal defense lawyer experienced in expungement cases. They can ensure that your case actually is expunged from all records.
I’m applying for a job. Should I disclose that I have a criminal record?
Honesty is the best policy… sort of. If you have a criminal record and are applying for a job or an apartment or anything else and the application asks about criminal offenses, you can legally answer “no” if you’ve had your record expunged. If you have not had your record expunged, then you must answer yes. A background check will show any criminal offenses that are not expunged, so it’s not worth lying.
I’m concerned about what might show up on my background check. What should I do?
If you have a criminal record of any kind, your concern regarding background check results is completely understandable. But there’s no need to panic. The best thing to do is to speak with a Maryland criminal defense attorney about your record. Depending on the specifics of your case – the type of crime, the outcome of the case, and other factors – it may be possible to have your record expunged.
Whether you have one conviction on your record or more, I can help. I’ve defended clients against criminal charges in Maryland state and federal court for more than two decades, and I know that every case is different. This is especially true when it comes to records expungement. I’ll listen to the specifics of your case, and then I’ll handle all of the details involved with requesting an expungement. Once it’s granted, I’ll follow up to ensure information about your case is removed from public court and law enforcement records.
Contact my office – Drew Cochran, Attorney at Law – in Annapolis or Ellicott City by calling 410-271-1892 or completing this form.
And remember – Keep Calm, and Call Drew.
