Thousands of Marylanders have had their arrest records removed from public view because of a new state law that requires automatic expungement for those who are detained and released without charge.
Proponents say the nine-month-old law is working as intended, removing potential barriers to obtaining employment, housing and loans. Another major change in state expungement law takes effect Oct. 1, when some criminal convictions in Maryland can be wiped out without a pardon from the governor.
The changes are seen as especially important in Baltimore City. Tens of thousands of residents, many of them young men, have minor criminal records - sometimes as a consequence of "zero-tolerance" policies that result in large numbers of arrests without charges or convictions.
But even the new laws don't go far enough, some advocates say. They want the legislature to help people with minor drug convictions - whom the new law would not directly benefit.
The law that took effect in October covers all crimes and has resulted in 7,092 automatic expungements through May 31. More than 6,000 originated in Baltimore, where most of the expungements have been triggered by police arresting people on suspicion of drug possession, failure to obey a police officer, loitering and alcohol violations - and then releasing them without charge after a review by prosecutors.
Previously, when prosecutors declined to bring charges, a person had to apply in writing, pay a $30 fee and waive his or her right to sue if the person didn't want to wait three years to expunge a criminal record. Many people did not take those steps.
"Before the law took effect, individuals would be arrested and released without charge and they would have no concept that it would show up on their criminal record," said Natalie Finegar, an assistant public defender. "And it would show up in a way that was very confusing ... with 'no disposition found.' So it would make it seem like there was an open, pending charge."
Expungement is growing in importance as the economy tightens, said Robert Guiney, president of Just Temps Personnel, a Baltimore-based industrial labor staffing company.
"Jobs are scarcer, and we see people taking a harder look at things like criminal records simply because there are more people trying to get a job. The nuisance charge has become more of an issue. With the economy booming, employers may overlook that," he said.
