What’s the Problem?
A significant number of Maryland job-seekers do not benefit from laws that would allow them to clear their criminal records because they are unaware of how to access expungement or cannot afford the required court fees.
Under current Maryland law, criminal records with charges that did not result in a conviction are eligible for expungement. Unfortunately, Maryland’s “unit rule” permanently prohibits expungement of eligible charges if all charges within a unit are not eligible for expungement. This means that acquittals and other favorable dispositions become ineligible for expungement if a conviction is also contained within a unit.
What’s the Proposal?
To ensure that all eligible Marylanders can access expungement services, the Job Opportunities Task Force (JOTF) and MAJR support legislation that would allow for the automatic expungement of certain non-convictions after a required three-year waiting period, or sooner under specified circumstances.
Status of the Legislation
In 2020 four bills were considered and passed both the House and the Senate with considerable margins: HB0083, HB1336, SB0699, SB0589. These bills went to the Governors desk last spring where they were vetoed.
Despite Governor Hogan’s claim to the contrary, this legislation does not add significant expense to the State’s budget. The Governor acknowledged that he vetoed HB 83 because House lawmakers failed to pass a separate bill, the Violent Firearms Offenders Act of 2020. Such horse-trading measures wreak havoc with the lives of our citizens.
