Legal Question in Criminal Law in Maryland

Criminal Records

Can someone be placed on parole but also have their record expunged (at the same time) by a judge?


Asked on 1/15/07, 2:55 pm

3 Answers from Attorneys

Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Criminal Records

In Virginia and most states the only way you can expunge anything is if there was a finding of NOT GUILTY. If you were convicted you cannot expunge.

Good luck

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Answered on 1/16/07, 12:07 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Criminal Records

Surprisingly, Va. Code Section 19.2-392.2 (Expungement of police and court records.) appears to have been apparently amended to allow for what one might term the "expanded expungibility" of records of misdemeanor convictions in the Commonwealth.

Sec. 19.2-392.2(F) now reads in part:

"However, if the petitioner has no prior criminal record and the arrest was for a misdemeanor violation, the petitioner shall be entitled, in the absence of good cause shown to the contrary by the Commonwealth, to expungement of the police(arrest)and court records(conviction)relating to the charge, and the court shall enter an order of expungement."

A petition for the expungement must be filed in the appropriate circuit court

in the jurisdiction where the conviction was entered.

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Answered on 1/16/07, 11:32 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Criminal Records

Parole was abolished in the Commomwealth more than 10 years ago (don't know about Maryland). However, even back then, anyone who was granted such parole would have served his or her time in one of the Commonwealth's penitentiaries for a felony conviction.

And, as a practical matter, felony convictions in the Commonwealth are (and were)virtually unexpungeable. (Perhaps, in Maryland, expungement matters are dealt with somewhat differently.)

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Answered on 1/15/07, 5:09 pm


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