Can Maryland state police see expunged records?
Asked by: Helen Russel | Last update: June 25, 2025Score: 4.7/5 (10 votes)
A criminal record expungement means that any arrests or criminal records are destroyed or sealed. An expunged record cannot be seen by the public. However, the record may still be seen by government agencies, police, military, and other agencies that require a security clearance for a particular job.
Will my expunged record show up on a background check in Maryland?
Whether an expungement will remove a record from the NCIC/FBI database will depend on whether it was a conviction or a non-conviction that was expunged. Convictions that are expunged will not appear on a MD criminal background check but may still appear on a National Crime Information Center (NCIC) record.
Can local police see expunged records?
Courts, law enforcement, prosecutors, and other criminal justice agencies can access expunged records for future criminal investigations and charging and sentencing decisions.
Does FBI recognize Maryland expungement?
The Courts do not process expungements for the FBI's system. Once CJIS expunges the record in Maryland's Central Repository, which is done within 60 days of the court order, the FBI will be notified to expunge their database.
What agencies can see expunged records?
- Criminal justice agencies (court administrative jobs, positions with juvenile court or state prisons, police officer jobs)
- Human service agencies (social work positions, probation officer positions, counselors)
- Department of Education (working in a public school)
Maryland State Police Denying CCW Permits Based on Expunged Records
Can the FBI see my expunged record?
Expunged records can, in some cases, appear on FBI background checks, especially those conducted by law enforcement or certain government entities.. While expungement is meant to remove or restrict access to criminal records, the effectiveness of the process varies by jurisdiction.
Do expunged records show up on nics?
Expungement does not remove your case from this federal database. That means anyone who is able to run your fingerprints through the NCIC database could still find your expunged criminal record.
Does your criminal record clear after 7 years in Maryland?
If you were found guilty of second degree assault, or common law battery, you may request an expungement no less than 7 years after the guilty conviction or the satisfactory completion of the sentence, including parole, probation, or mandatory supervision.
Can you buy a gun after expungement in Maryland?
Restoring gun rights
In many instances, a Maryland pardon or expungement can reinstate the right to obtain the permit necessary to own or purchase a gun. An expungement seals arrest and conviction records, which basically makes them disappear.
How to find out if your criminal record has been expunged?
You can contact the court that issued the expungement order to determine if your records have been successfully expunged or sealed.
Can a cop look up your record?
Yes, absolutely! They can find out if there are any unpaid tickets, any other driving infractions, suspensions, criminal history, parole or probation status if applicable, and any outstanding warrants out for your arrest.
How many times can you get your record expunged?
There are no limits to how many times you can file a petition for a Section 1 expungement, and they may be filed even if the individual has previously filed for expungement of convictions.
What is the new expungement law in Maryland?
For cases where ALL charges have a disposition of acquittal, not guilty, dismissal, or nolle prosequi, entered on October 1, 2021 or later the court will expunge the case automatically after 3 years. You may request expungement earlier than three years by using this form. There is no fee to do so.
Do you have to disclose expunged records for security clearance?
The answer to this question will almost always be emphatic: yes, you should disclose the record even though it has been expunged. Although expungement laws vary from state to state, generally speaking, they are not actually deleted or destroyed when criminal records are expunged.
How long does expungement take in Maryland?
This process should take no more than 90 days unless there is an objection or an appeal.
Who can see expunged records in Maryland?
An expunged record cannot be seen by the public, employers or background check agencies. However, the record may still be seen by government agencies, police, military, and other agencies that require a security clearance for a particular job.
Can a convicted felon own a gun after 10 years in Maryland?
Maryland prohibits persons convicted of any “disqualifying crime,” which includes any crime of violence, felony, or “any violation classified as a misdemeanor in the State that carries a statutory penalty of more than 2 years,” from possessing a “regulated firearm.” See §§ 5-101(g), 5-133(b)(1), (b)(2) of the Public ...
How far back does a gun background check go?
The FBI's NICS system reviews eligibility based on current and recent events that would prevent someone from purchasing guns legally. For most criteria, the lookback period is typically around 5 years. However, some disqualifying events remain permanent.
How far back does Maryland background check go?
Maryland Seven-Year Rule for Reporting Conviction Records
Under Md. Code Ann. § 14-1203, CRAs may not report bankruptcies older than 10 years. They also cannot report civil judgments, civil lawsuits, paid tax liens, arrests, or convictions that are older than seven years.
Does Maryland have a clean slate law?
In 2015 Maryland enacted its first conviction record clearing law, making a limited list of misdemeanors eligible for “shielding” after a waiting period of three years. In 2016, the Justice Reinvestment Act authorized “expungement” for enumerated misdemeanor offenses, with a 10-year eligibility waiting period.
Will a felony show up on a background check after 10 years?
Under Cal. Civ. Code 1786.18(a)(7), California mandates that a conviction can't be reported when it's older than seven years. Arrests that didn't lead to convictions can't be reported regardless of how much time has elapsed.
Can the government see expunged records?
A Level 2 check will even uncover those sealed or expunged records – especially if they involve the mistreatment of children, the elderly, or the disabled.
What fails a NICS check?
Felony Convictions: As we mentioned, having a felony conviction on your record is the most common NICS denial reason. This includes any criminal conviction for a crime punishable by 1-year imprisonment or longer (even if you did not serve a year in prison).
How far back does a FBI background check go?
Criminal background checks typically go back 7 to 10 years, but this can vary based on state laws and the type of job. For instance: In states like California, criminal background checks go back seven years.
Can a judge see an expunged record?
If you are arrested again for another crime, law enforcement agencies, prosecutors, and the criminal court may still be able to see your expunged records. The court can use your prior conviction against you as allowed by state and federal law.