Expungement Updates from MVLS
NEW LAWS AFFECTING EXPUNGEMENT

Expungement practitioners should take note of these new Maryland laws that went into effect on October 1 -

Decriminalization of gambling : SB842 makes gambling a civil offense. MVLS frequently encounters clients who have gambling charges on their records, often listed on case search as “Gaming/Cards/Dice Etc.” or “Playing Certain Games.” With the passage of SB842, a conviction under Criminal Code § 12-102 or 12-103 is potentially eligible for expungement under the “act no longer a crime” provision of Criminal Procedure § 10-105. A conviction under this section would also not count as a subsequent conviction.

Alcohol possession : HB88 makes drinking alcohol in public, or possessing an open container, in certain circumstances, a civil offense. As above, this means that these convictions likely will not count toward the unit rule or the subsequent conviction rule.

Driver’s licenses : SB237 changes possession of a revoked, cancelled, or suspended license to a fine-only violation. This means that a conviction on these charges will not count toward the “unit rule” for expungement purposes. Note that this applies only to possession of suspended, cancelled, or revoked licenses. “Driving on suspended license” is a separate charge and still carries the possibility of incarceration in some cases. Although, a charge for driving on a suspended license under Transportation Article § 16-303(h) or (i) carries only a fine. 

For any questions related to these updates, contact MVLS Staff Attorney, Chris Sweeney , at 443-451-4094.
A GENERAL REMINDER AND DISCLAIMER ABOUT MD EXPUNGEMENT

MVLS operates mdexpungement.com and the related expungement app for Google Chrome. These tools are designed to help attorneys and pro se litigants generate expungement forms without having to fill out each petition manually. The program is capable of determining potential eligibility for expungement, however, it is not a substitute for the legal analysis performed by an attorney. There are limitations to what MD Expungement can do. The program cannot search for subsequent convictions, which is a required part of analyzing Probations Before Judgment and nearly all convictions.

All attorneys using these programs are expected to perform their own due diligence and review each petition for accuracy before filing with the courts. 
VOLUNTEERS NEEDED FOR UPCOMING EXPUNGEMENT CLINIC
October 22 | 5 - 8 pm
Bon Secours Community Works, 26 N. Fulton Ave, Baltimore

MVLS needs more volunteer attorneys to assist clients with criminal record expungement during this one-time commitment!

Online training  is available to attorneys new to expungements or who need a refresher. 

Can you help?
To volunteer,   click here .
SEE YOU NEXT WEEK AT CELEBRATE PRO BONO!

Join MVLS for our annual Celebrate Pro Bono Awards Ceremony on
October 15 from 6 pm - 8:30 pm  at the  American Visionary Arts Museum.

Join us as we honor and recognize MVLS volunteers for their outstanding pro bono work. Guests will enjoy a cocktail hour with dinner and an awards program, followed by keynote speaker Maryland Court of Appeals Chief Judge Mary Ellen Barbera.
Celebrate Pro Bono Honorees
Maryland Volunteer Lawyers Service | 201 N. Charles Street, Suite 1400 Baltimore, MD 21201    
410 539-6800 | 443 451-4081 | info@mvlslaw.org | www.mvlslaw.org