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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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My son was convicted of felony robbery in the same year he

Customer Question

My son was convicted of felony robbery in the same year he turned 19. He will be 24 this year. The robbery was of 20 dollars, but the charge reads "theft under 500 dollars". It was a first time offense. No other felonies since.   He feels as this is public record, it has prevented him from getting a job, because he must check the felon box. Is there a way to get this removed, or a time frame in which it will disappear?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Samuel II replied 7 years ago.

hi

 

you are correct in that he needs to get a governor's pardon and then file for an expugement - sending a letter of request for the application to the Maryland Parole Commission is the first step - it does not matter if he was never on parole, they are the first review in these matters

 

this is from the MPC's website and you may read more at this link under Pardons

 

The guidelines regarding who may apply for a pardon are as follows:

  • No petition for pardon shall be considered while the petitioner is incarcerated.
  • Misdemeanants must have been crime-free from the date of sentence, released from incarceration, or released from parole or probation whichever last occurred, for a period of five years.
  • Except as provided in the next paragraph, felons must have been crime-free from the date of sentence, released from incarceration, or released from parole or probation, whichever last occurred for ten years except, however, the Parole Commission may, at its discretion and in specific instances, consider cases in which only seven years have elapsed.
  • Felons convicted of crimes of violence as defined in Article 27, Section 643B and felons convicted of controlled dangerous substance violations must have been crime-free from the date of sentence, released from incarceration, or released from parole or probation, whichever last occurred, for twenty years except, however, the Parole Commission may, at its discretion and in specific instances, consider cases in which only fifteen years have elapsed.

if you mailed your letter to the governor, it was probably forwarded to the MPC - you can call and check to see if they have gottent the request for the application.

 

good luck

 

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