Did you know that if you’ve ever been arrested, even if you weren’t convicted, that record can follow you? Employers, landlords, and even potential dates can find it with a quick background check, and that can cause any number of problems.

But in Maryland, you may have the option to seal your arrest record, giving you a fresh start. So, what does that really mean, and how do you do it? This guide will walk you through everything you need to know, from what sealing an arrest record means and why you might want to go that route to who has a realistic chance of having it done.

Let’s start with the basics – what’s involved with sealing an arrest record?

What does it mean to seal an arrest record?

Sealing an arrest record means that the record is no longer accessible to the public. It doesn’t disappear completely, though. Law enforcement and certain government agencies can still see it. However, it won’t show up in background checks for jobs, housing, or education.

In Maryland, this is sometimes called “shielding.” The goal of this process is to give you a second chance without an old mistake or wrongful arrest standing in your way.

Why would you want your arrest record sealed?

If you’ve never been arrested, you might think that only “criminals” would want their arrest records sealed. The truth is much more complicated. Arrests, even those without convictions, can make life very hard. Landlords could choose not to rent to you. Employers might not hire you. Here’s a look at some of the most common reasons that Maryland residents choose to seal an arrest record:

• Reputation: Being arrested is more than just a traumatic experience. It can ruin your reputation, even if the arrest doesn’t lead to a conviction. It carries a stigma; if you were arrested, there’s an underlying idea that you were doing something wrong, and that taints your reputation moving forward.
• Discrimination: While it’s illegal to discriminate against people with an arrest record in Maryland, it happens all the time. You could be out of the running for that new job or even overlooked for a promotion. Lenders could choose not to work with you, and landlords will skip over you in favor of other potential tenants.
• Privacy: Anyone can conduct a background check on you, from employers to church members to potential dates. Many people might immediately assume the worst after seeing that you have an arrest on your record, even if that arrest never went anywhere. It can lead to difficult situations and breaches of privacy.

These are just some of the reasons that Marylanders might consider having their arrest record sealed. However, sealing doesn’t mean that the record is erased. That’s something else called expungement.

Sealing vs. expungement: What’s the difference?

Sealing and expungement are often used interchangeably, but they’re not the same thing.

• Expungement completely erases a record, making it as if the arrest never happened.
• Sealing simply hides it from public view.

In Maryland, only certain records qualify for expungement, while others can only be sealed.

Who qualifies to have an arrest record sealed in Maryland?

Maryland law allows for the sealing of certain arrest records, but not all cases qualify. Typically, you may be eligible to have your arrest record sealed if:

• You were arrested but never charged.
• Your charges were dropped, dismissed, or you were found not guilty.
• You completed probation before judgment (PBJ) or a diversion program.
• Your conviction is for a nonviolent misdemeanor that qualifies for shielding under Maryland law.

Certain crimes, including violent offenses and sex crimes, usually can’t be sealed.

How do you seal an arrest record in Maryland?

While you might qualify to have your arrest record sealed, the process isn’t automatic. You have to file a request with the court and then go through a complex process. Here’s how it usually works:

• Check your eligibility:Make sure your record qualifies for sealing under Maryland law. If it does qualify, you can proceed to the next step.
• File a petition:You’ll need to submit paperwork to the court detailing why your record should be sealed. You must make your case compelling. Just because you qualify doesn’t mean that the court will automatically see things your way. You’ll need to file Form CC-DC-CR-148.
• File with your county: In addition to the Petition for Shielding under Md. Second Chance Act, you’ll also need to file a Notice Regarding Restricted Information (MDJ-008) with your county of residence.
• Attend a hearing (if necessary):In some cases, a judge may want to review your case in court. Again, this process isn’t automatic, and judges want to make sure they’re not doing something that could ultimately cause harm to others.
• Wait for your approval: If granted, your record will be sealed, and it will no longer be visible in public databases.

What about fees? While expungement comes with fees in most cases, there is no filing fee if you’re filing a petition to shield an arrest record under the Maryland Second Chance Act.

Need help sealing your arrest record?

Navigating the legal system can be tricky, and one mistake in your paperwork could delay or derail your petition. If you’re ready to move forward but aren’t sure where to start, an experienced attorney can guide you through the process and make sure you’ve got the best chance of getting your record sealed.

Sealing your arrest record isn’t about erasing the past. It’s about protecting your future. If you think you qualify, don’t wait. Take the steps today to move forward with a clean slate. The experienced criminal defense attorneys at Carey Law Office can help you understand your situation, explain if your arrest record can be sealed, and work with you through the process. Get in touch today to schedule a consultation.