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Thelawman2
Thelawman2, Lawyer
Category: Criminal Law
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Experience:  Attorney-at-Law
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In Maryland, can a protective order be rescinded once the final

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In Maryland, can a protective order be rescinded once the final order of protection term has expired (May 2013)? My former significant other followed all the necessary requirements of counseling in the local domestic violence center and is continuing with therapy. He is doing well. The concern is about his obtaining employment and the impact of this case during the background check process. There is a form called "petition to modify/rescind protective order" that can be submitted but it is not very specific about timing. Is it too late? If so, are there any other options? Thank you.

Thelawman2 :

What your husband can do is to file a Motion to Seal the records, such that they are not permitted to be inspected. The form to be filled out and submitted to the clerk of the court is found at: http://mdcourts.gov/courtforms/joint/ccdc053.pdf. You will most likely need to go in for a court hearing to get the record sealed.

Thelawman2 :

When a record is sealed, the complete case file is literally stuck in an envelope with a special court seal on it and can only be opened with a court order. The law is against granting sealing requests, which is why it may be wise to consult with a lawyer for your request.

Customer:

Thank you for the information. That was helpful.

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