Maryland: Adult Convictions (MD-C-10)

Records relating to the entry of a probation before judgment or judgment of conviction in a criminal case may be vacated by the court on the ground that there is newly discovered evidence, or the interest of justice and fairness justifies vacating the probation before judgment or conviction. Md. Criminal Procedure Code Ann. § 8-301.1(a)(1).

Record Detail(s)

Conviction vacated or reversed

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Hearing

Yes, if requested

Clearance Process

By petition or court's own motion

Remedy

Vacate

Ineligible Category or Citation

No statutory language regarding ineligible offenses.

Procedure General

In certain circumstances, on a motion of the State, at any time after the entry of a probation before judgment or judgment of conviction in a criminal case, the court with jurisdiction over the case may vacate the probation before judgment or conviction. Md. Criminal Procedure Code Ann. § 8-301.1(a).

Fees

There is no no statutory language on fees.

Effect

The court shall vacate the conviction. Md. Criminal Procedure Code Ann. § 8-301.1(a).

Waiting Periods

There is no waiting period.

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