Maryland law bars employers from requiring disclosure of expunged criminal charges in an application or interview. A person's refusal to disclose information about criminal charges that have been expunged also may not be the sole reason for an employer to fire or refuse to hire that person, state law says.
Neil E. Duke, a Baltimore attorney who specializes in employment law, said job-seekers often have to make a judgment call, especially because many employers use companies that conduct background checks and that have computerized criminal records covering years before charges are expunged.
"A prospective employee can take two tacks," Duke said. One is to "explain the [charge] and the basis of expungement. A different mind-set is that expungement is a cleansing of the record and as such, there is no record anymore. There is no quote-unquote need to confess."
Some advocates say additional changes to state law are needed to help more people who demonstrate they want to change their lives.
Mark P. Matthews was among those who urged the legislature this year, without success, to allow those with minor drug convictions to get the records removed from public inspection after finishing treatment and job-preparedness training.
"Otherwise, we will tie the hands of hundreds, if not thousands, of individuals who have paid their debt, re-evaluated their priorities and are willing to become productive members of society,"' said Matthews, a Baltimore resident with a criminal record who conducts expungement seminars.
"Without a clean or 'cleaner' record, they are doomed to repeat past behaviors in order to survive economically," Matthews said.
Matthews has been trying to help Cris Keeling. At 29, Keeling has a long rap sheet and is trying to wipe out charges of attempted murder, arson and auto theft that prosecutors didn't pursue or that were dismissed.
"I'm trying to change my life. I need a job. I have four kids. It's about time for me to put some bacon on the table," said Keeling, who said he has spent about 15 years in jail. "Something has got to change."
The law that takes effect Oct. 1 allows for expungement of "nuisance crimes," including public urination, panhandling, drinking alcohol in a public place and riding mass transit without paying the fare. It also covers nuisance crime convictions before Oct. 1 this year, according to the state Department of Legislative Services, but it does not cover drug convictions.
