Myth: The “dismissal” of a criminal case means there is no record.
Fact: Even dismissals can be found on the public record.
Myth: There is a seven (+) year waiting period before you can get an expungement.
Fact: While most expungement laws do require some kind of wait period before allowing expungement, there is a common misconception that the standard time is 7 (or more) years. The unfortunate side effect of this misconception is that many wait longer than they should and sometimes miss their window of opportunity for expungement; a subsequent conviction can quickly close the door on what would otherwise be an expungeable conviction.
Myth: Records are automatically expunged.
Fact: This related myth has many believing that the courts will automatically expunge their records after the wait period expires. This is almost never the case. Action usually must be taken by hiring an attorney or personally filing an expungement petition with the court. In some cases, driving records (which are in a separate system than court records) may be cleared after a certain amount of time.
Myth: Any record can be expunged.
Fact: Each state limits on what kinds of records can and cannot be expunged - typically refusing to expunge felony offenses that they deem to be most dangerous to the public. Generally speaking, expungements are limited to misdemeanors (i.e., minor criminal offenses) which are not linked to violence, sexual misconduct or harm to a child.
Myth: The expungement of a criminal record means it is erased from all existing databases to the extent that arrest and/or court proceedings essentially never happened.
Fact: Expungement only means it has been erased from certain databases, such as a local court’s or perhaps state police records. That being said, the fingerprint that was taken by the law enforcement agency will reside and remain accessible for all future FBI analyses, regardless of whether the record was successfully expunged.
Myth: Expungements improve your DMV record.
Fact: No, the Department of Motor Vehicles is on a separate system and will not remove points from your license regardless of what records are expunged from your criminal record.
Myth: You can not expunge a felony.
Fact: Many felonies can be expunged. Two categories that can not be expunged - any felonies for which you were sent to prison, and serious felonies (usually sex offenses).
Myth: If you enter into a diversion program or if enter a plea that does not result in a conviction, your criminal record is automatically sealed.
Fact: Even if it was dismissed it does not mean that it was sealed or expunged.
Myth: Out-of-state convictions can not block expungement eligibility.
Fact: In Maryland, out-of-state convictions may be used to block expungements. Using them is discretionary but, in practice, they almost always used to block an expungment.