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Volunteer attorney outlines Maryland expungement eligibility, services and how to apply


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Volunteer attorney outlines Maryland expungement eligibility, services and how to apply
Kristen Gilbert, an attorney with Gilbert Law LLC and a volunteer attorney with Shore Legal Access, presented an overview of Maryland expungement law and the services her organization offers to eligible residents. “When we're talking about expungement here, we're talking specifically about Maryland expungements,” Gilbert said, defining expungement as the removal of a criminal record from court and law-enforcement databases.

Gilbert explained which case outcomes commonly qualify for expungement: dismissals such as nolle prosequi, not-guilty findings, and a ‘stet’ disposition, which she described as an inactive docket. “When we're talking about charges that are capable of being expunged, we're talking about things that, the outcome of which resulted in something called a nolle pros… or potentially a not guilty finding, or something that's called a stet,” she said.

She also reviewed how conviction expungement has changed in Maryland. “When we're talking about conviction and that possibility of being expunged, that's something that we weren't talking about approximately 10 years ago because, until there was a change in the law from the legislature, guilty findings were not capable of being expunged,” Gilbert said, adding that the legislature now specifies the classes of offenses and that the law is updated frequently.

Gilbert cautioned that not all offenses are eligible. She cited robbery and armed robbery as examples of categories typically excluded from expungement lists created by the Legislature. She noted that the statute spells out eligible misdemeanors and a small set of felonies and that eligibility is subject to waiting periods and other statutory limits.

Gilbert gave a concrete example of a recent change: offenses for driving without a license were added to the list of potentially eligible offenses effective Oct. 1, 2025, meaning petitions filed after that date may qualify if other statutory requirements are met. “For example, before 10/01/2025… somebody convicted of driving without a license and files for expungement prior to 10/01/2025, they would be not eligible,” she explained.

On representation, Gilbert said individuals may file pro se but recommended legal assistance because of procedural nuances and shifting statutes. “It is possible, of course, for someone to represent themselves. That would be considered pro se,” she said, then added that Shore Legal Access provides pro bono services for financially qualified individuals.

Gilbert described the practical benefits of expungement: removing records from Maryland case searches can reduce barriers to housing, employment and education. She encouraged people to check whether any prior charges might be eligible and to contact their state representatives if legislative changes are needed to address remaining barriers.

The presentation closed with contact details for Shore Legal Access and an informational disclaimer that the video is not a substitute for individual legal advice. On-screen information listed the Shore Legal Access website (shorelegal.org), the Salisbury office at 601 B East Naylor Mill Road and phone (410) 690-8128, and an Eastern office at 499 Idlewild Ave., Suite 102 with the same phone number and similar hours.

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