Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
I am sorry for this dilemma.
What you are describing? If this happened over 10 years ago, and you entered a voluntary plea (as opposed to going to a contested trial
) it is highly unlikely you will do better than "expungement
Expungement is a "sealing" of the record. It does not remove the record. Law enforcement and military would be able to see it. But no one else would. So for most instances, the conviction would disappear.
If you wanted to remove it all together? You would need to "reopen" the matter...allowing the state the opportunity to prosecute or drop the case.
After 13 years, not likely. In theory you cold hire a lawyer and file a motion with the court and ask them to reopen. But frankly, such a move would likely be a waste of time and money. There is a 30 day window in MD to file an appeal. You are well past that. So the appeals court could simply deny your request (since you did not file in time)
And frankly, even if you could convince the court to remand the case (send it back to the state prosecutor for action) it would not change much...they (the prosecutor) would likely dismiss. But the record of arrest would still remain. That will never go away.
Bot***** *****ne: since over 30 days have passed since the conviction it is highly unlikely you will be able to convince the appeals court to reopen this matter. But if you want to go this route, hire a MD attorney to file a motion with the MD appeals court.
This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that there is a way to remove the record completely, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.