The Rev. Barry Moultrie, pastor of community engagement and social justice at Mt. Calvary Baptist Church in Rockville, knows what it is like for a past criminal offense to be a barrier to opportunity and the complicated legal process in getting the offense expunged.
About 50 years ago, Moultrie said, he was arrested for “loitering and prowling” outside of his home in Florida. While in court, the judge dismissed the case, he said, but years later when Moultrie was in the U.S. Air Force and tried to apply for a security clearance, he ran into a roadblock because the arrest was still on his record. It later took the help of the Air Force to remove the case from his record so he could get the clearance he needed.
“There are a lot of people out there that have things on their records, whether it was just an arrest that never went to court, that was never resolved. There are things sitting [on their record] that keep them from getting jobs or security clearances or housing,” Moultrie said.
That is why Moultrie is hosting an expungement clinic from 10 a.m. to 2 p.m. Saturday at the Mt. Calvary Baptist Church at 608 N. Horners Lane in Rockville. At the clinic, representatives from the Montgomery County Office of the State’s Attorney, Maryland Legal Aid and the Maryland Office of the Public Defender will be available to assist those interested in pursuing the expungement process, according to a state’s attorney’s office press release.
“I think the biggest hurdles are just people don’t know what they’re doing,” State’s Attorney John McCarthy told Bethesda Today on Tuesday. “On Saturday, we’re going to have groups of people from multiple organizations that you can speak to.”
The clinic aims to provide a streamlined and expedited process for people who want to remove eligible criminal offenses from their records, according to McCarthy. In some cases, those criminal offenses have been a “barrier” for getting a job or pursuing an educational opportunity.
According to the release, people are eligible to participate in the expungement process if they were charged with an offense that was later dismissed. In addition, pursuant to the state criminal code, certain charges can be removed five years after a person satisfies their sentence, which includes parole, probation or mandatory supervision.
“I think we as a community should be supporting people who have paid their debt, served their sentences,” McCarthy said.
“We should want them back into the community and [able to] contribute in every fashion that they can,” he added. “At the end of the day, allowing people to do more with their lives so they can better take care of their families, take care of themselves, makes us a better community.”
Montgomery County District Public Defender Sean Mukherjee said in a Wednesday statement emailed to Bethesda Today that even “minor criminal convictions can have an incredibly destructive impact on the lives and livelihood of the most vulnerable” community members.
“Expungements are an important step to helping people get back on their feet, and as public defenders, we are committed to helping people get a second chance and becoming productive members of society,” Mukherjee said. “Our staff will be volunteering their time on Saturday to help people identify expungable criminal records, file petitions, and if necessary, assist them in court.”
According to McCarthy, the clinic will expedite the process because there will be legal assistance from multiple groups. In addition, the state’s attorney’s office will conditionally approve expungement petitions during the clinic.
After the clinic, petitions that have been approved by the state’s attorney’s office will be filed in the county’s court system and a judge will review and sign the petition, according to McCarthy. Then, after the expungement is granted, all records related to the case will be removed from the state’s digital court record known as the Maryland Case Search database.
Some of the offenses that may be eligible for expungement are:
- Possessing or administering a controlled dangerous substance;
- Possession of paraphernalia;
- Possession or purchase of a noncontrolled substance;
- Fourth-degree burglary;
- Breaking and entering a motor vehicle;
- Malicious destruction of property;
- Trespass on posted property;
- Failure to return a rental vehicle;
- General theft provisions;
- Disturbing the peace; and
- Illegal dumping.
McCarthy also noted that people who have a criminal record for actions that are no longer considered a crime, such as possession of cannabis by an adult who is 21 and older, will be eligible for expungement.
“Thousands of people throughout this state were convicted of possession of marijuana when it was illegal. That’s a criminal condition that may be on your record and, again, it’s not even a crime anymore,” McCarthy said. “Now that we as a community have made the determination that that should not have a criminal sanction to it, is it right to allow that to remain on somebody’s record?”
It is important to know that not all cases may be eligible for expungement, McCarthy said. If there are outstanding, unresolved or pending charges, expungement is not an option.
Those who want to attend the clinic can call 301-424-8717, extension 112, or email cesj@mtcbc.org to RSVP, but reservations are not required, according to the clinic’s flyer.
Attendees who plan to apply for expungement are encouraged to bring any paperwork related to the case or cases they would like removed from their record, according to the release.
