There are two bills in Annapolis that are currently up for debate that would establish procedure for the courts to automatically seal or expunge cases without requiring the defendant to apply. The bill that is currently in the Senate calls for the courts to automatically expunge all older cases involving only the possession of marijuana by October of 2022. The bill would also require expungement of all new marijuana cases to commence 4 years of the disposition date. In cases where there are other criminal counts, expungement of the marijuana counts must be completed by October of 2028. This particular bill has received push back from the Chief Judge of the District Court as well as the Baltimore County State’s Attorney, who have argued that automatic expungement would be too large a burden for the courts and prosecutors to handle. The expungement process requires an answer from the state and multiple orders to be signed and sent to the various organizations that keep records of criminal cases. This includes police departments and the district court clerk’s office, who must then file certificates of compliance after the files are destroyed. Automatic expungement would certainly cause an immense amount of work at one time should this bill become law.
The House of Delegates bill proposes a solution that would require exponentially less paperwork for government offices. This proposal would require the courts to automatically seal prior marijuana cases from public view after an enumerated time frame. The process of sealing would be a matter of simply blocking the case from appearing on the popular Maryland Judiciary Case Search web site. This process is similar to what occurs with older payable traffic citations and civil marijuana citations. The supporters of the bill argue that the main purpose of preventing prejudice against defendants with marijuana cases would be addressed through the sealing process.
Regardless of which bill passes, the underlying motivation may have more to do with getting a head start on what seems like inevitable legalization of marijuana. Legalization is not realistic for this year, but lawmakers are wise in looking to establish a foundation to address all the other issues that will come with legalization. It is simply unjust to have a government funded database that lists defendants with criminal marijuana convictions once recreational marijuana is legal, regulated and taxed. There is no reason to wait any longer to seal all prior marijuana possession cases, and the hope is that this process will begin in October.
Benjamin Herbst is a Maryland criminal defense lawyer who specializes in possession with intent to distribute marijuana and narcotics. He also defends clients in drug possession cases, and cases involving firearm possession in a drug trafficking crime. Benjamin handles cases in all Maryland jurisdictions including Anne Arundel County, Baltimore County, Montgomery County, Prince George’s County, Western Maryland and the Eastern Shore. Contact Benjamin anytime at 410-207-2598 for a free consultation about your case.
Resources
Sentate Bill 699, magleg.maryland.gov.