A theft charge on your record can follow you for years, affecting your ability to find work, rent a home, or even apply for financial aid. Whether you were charged recently or faced a conviction years ago, you may be wondering if there's any way to clear your record. In Maryland, the answer depends on the specific details of your case.
At Matthew Penick Law, we understand how stressful and frustrating it can be to carry the weight of a past criminal charge, especially when you’re working hard to move forward. As a trusted criminal defense attorney in Queen Anne’s County, Matthew Penick is committed to helping clients understand their rights and options, including whether expungement is possible after a theft charge.
What Is Expungement?
Expungement is a legal process that removes certain criminal records from public view. Once expunged, the record typically won’t appear on background checks by employers, landlords, or government agencies.
Eligibility depends on several factors, including:
- The outcome of the case
- The type of offense
- How much time has passed
- Whether you've committed any additional offenses
Understanding eligibility requirements is the first step to determining if you qualify for expungement. If you think you meet the criteria, consult a legal professional to guide you through the process and explain how to clear your record.
When Can Theft Charges Be Expunged?
Theft-related charges are among the most common criminal offenses in Maryland. Whether you can have a theft charge expunged will depend largely on the final disposition of your case.
The Case Was Dismissed, or You Were Found Not Guilty
If your theft charge was dismissed, dropped, or you were acquitted, you’re usually eligible for expungement. In most cases, you can file immediately, but if your case includes multiple charges with a conviction, there may be a waiting period.
You Received Probation Before Judgment (PBJ)
If you pleaded guilty or no contest and received Probation Before Judgment, you may be eligible for expungement three years after the case closed, assuming you haven’t been convicted of another offense since. PBJ is a common outcome for first-time, non-violent offenses like petty theft and shoplifting.
However, not all PBJs are eligible. For example, PBJs for certain DUI offenses may be excluded from expungement. If your PBJ was related to a theft charge, an attorney can review your case to determine whether you qualify.
You Were Convicted of Theft
If you were convicted of theft, either as a misdemeanor or felony, your eligibility for expungement is more limited. However, it’s not impossible.
Maryland law now allows certain misdemeanor convictions, including theft under a specific dollar amount, to be expunged five years after the completion of your sentence, including probation. If you were convicted of felony theft, you may be eligible after 10 years, but only if you’ve remained conviction-free during that time.
Why Pursue Expungement?
A criminal record can have long-term consequences, even if the charge didn’t lead to a conviction. Employers, landlords, lenders, and licensing boards routinely run background checks, and a theft charge, regardless of the outcome, can raise red flags.
Expungement offers several significant benefits, including:
- Improved access to employment and housing
- Increased privacy and peace of mind
- Protection against judgment based on outdated information
- A clean slate to support your future goals
Be aware that not all convictions are expungable, and even if you qualify, the court has discretion over whether to grant your petition.
How a Queen Anne’s County Criminal Defense Attorney Can Help
Successfully expunging a theft charge requires more than just filling out paperwork. You’ll need to determine if you're eligible, gather court records, meet the required waiting period, and follow the correct procedures to petition for expungement. Mistakes in this process can result in delays or a denial altogether.
That’s where Matthew Penick Law can help. With years of experience representing individuals throughout Queen Anne’s County and beyond, our team offers clear guidance and personalized support at every step of the expungement process. Whether your case was dismissed, resolved through a PBJ, or ended in a conviction, we’ll help you explore all available options.
You don’t have to let a past theft charge limit your opportunities. If you’re ready to clean up your record and take the next step toward a better future, contact us online or call (410) 618-0863 today.