Maryland’s juvenile justice system treats juveniles differently than adults. Its fundamental aim is rehabilitation, not punishment. The purpose of the juvenile justice system is to help minors by focusing on their misconduct through treatment, a review of their family dynamics, and many other social issues. Incarceration is generally limited to cases involving violence and other serious wrongs—and even there, incarceration generally ends when the juvenile turns 18 years of age.
Juvenile law applies to any person under 18. Most juveniles are tried in juvenile courts, not adult courts. Some exceptions do apply. Juvenile court proceeds are generally not open to the public, have fewer formal rules of evidence, and focus on family, medical, and special needs issues.
When Maryland releases a juvenile from the terms of their delinquency/sentence, it generally wants to help that juvenile get a fresh start when they become adults. One way Maryland helps juveniles obtain this fresh beginning is through the expungement of their juvenile record.
What is an expungement of a juvenile record?
Expungement means removing court or police records so the public cannot inspect them. The means of removal include:
- “Obliteration”
- Moving the records to a secure area so that the public or anyone without a legitimate reason to view – cannot have access to the records
- If access to the juvenile records can only be “obtained by reference to another court or police record,” then by the expungement of that other court or police record
A juvenile’s record includes the court or police record about a minor’s delinquency (alleged or adjudicated), the child’s need for supervision, or a record of any citation for a violation. Juvenile records do not include certain records that involve statistical data about juvenile delinquency that do not reveal the juvenile’s identity. Also, these records do not include those kept based on Maryland’s sex offender registration law.
How does the expungement process start?
A petition is a formal document that requests the expungement of a juvenile’s record. It starts the expungement process.
Our Annapolis and Endicott City juvenile defense lawyer can file a petition on the juvenile’s behalf in the court where the juvenile delinquency petition or citation was filed. According to Maryland Law, the juvenile court will arrange to serve a copy of the petition on the victims identified in the case, a family member (if they are properly listed in the court record), and The State’s Attorney. The victim is a person whom the “delinquent” committed or attempted to commit a criminal wrong against.
The juvenile court can enter an expungement based on the following:
- The resolution of the original petition. The original delinquency petition is dismissed, there’s a nolle prosequi, the court finds that the allegations of delinquency are untrue, the adjudicatory hearing is not held in a timely manner, or if after a disposition hearing, the court finds that the juvenile “does or does not require guidance, treatment, or rehabilitation.”
- The following apply:
- The juvenile is now 18, and there have been no official actions in the juvenile’s record within the last 2 years
- The juvenile has not been found to be a “delinquent” more than once
- The juvenile has not been convicted of another offense
- There are no pending delinquency or criminal charges
- The underlying offense, if committed by an adult, would not be a felony, a crime of violence as defined in 14–101 of the Criminal Law Article, or violate § 3–308 of the Criminal Law Article
- There is no sex offender registry requirement under 11–704(c) of the Criminal Procedure Article
- The juvenile was not involved in certain firearms offenses
- The juvenile has paid any monetary restitution that is due
Generally, the court can hold a hearing if an objection is filed in a timely manner or on its own initiative. Otherwise, the court can grant the petition without a hearing. In most cases, a victim or the state must file their objection within 30 days of filing the petition with the court clerk.
What factors affect the juvenile expungement decision
The judge will consider the best interests of the juvenile, the juvenile’s stability in the community, and the public’s safety.
If there is a hearing, your attorney can present evidence on your behalf as to why the court should grant the expungement petition. Anyone who objects (after filing a formal objection) can present their evidence. The juvenile court judge will then decide whether to grant or deny the expungement petition. Only the judge decides. There is no jury.
If the court grants your petition, our team can help ensure the court has the proper forms and information to complete the expungement formally. If the expungement petition is granted, the court will properly advise every entity that has custody of any juvenile records to expunge the records according to the terms of the court order.
If the judge denies the juvenile expungement petition, we can review your right to file a timely appeal of the denial of the petition. Maryland’s state’s attorney can also appeal a grant of the petition.
We can explain all the time limits that apply to every phase of the expungement request.
Our work aims to restore lives and protect your liberty. For 20 years, Drew Cochran, Attorney at Law, has been helping defendants of all ages who face juvenile and adult crimes for felonies, misdemeanors, citations, and other offenses. Our experience includes representing children who need help during their minority and when they become adults. To learn more about expunging juvenile records and getting a fresh start, call our experienced Annapolis and Ellicott City criminal defense lawyer or fill out my contact form to schedule a consultation.
And remember: Keep Calm – and Call Drew.
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