The Maryland Second Chance Act, also known as the Maryland Shield Law, is a significant piece of legislation that came into effect on October 1, 2015. This Act allows individuals with certain criminal convictions in Maryland to have those records 'shielded' from public view, making it easier for them to secure employment, housing, and educational opportunities.
Unlike expungement, which completely destroys or removes a criminal record, shielding means the record remains in existence but is no longer accessible to the general public, including most potential employers conducting background checks. Law enforcement agencies and courts, however, can still access shielded records.
Purpose and Benefits of the Act
The primary goal of the Maryland Second Chance Act is to provide individuals with a criminal record a fresh start and reduce barriers to re-entry into society. It recognizes that past mistakes should not perpetually hinder someone's ability to live a productive life.
- Enhanced Employment Opportunities: By shielding records, job applicants can honestly state that they have no public criminal record for most employment purposes, significantly improving their chances of securing work.
- Improved Housing Access: Landlords often conduct background checks; a shielded record reduces this barrier.
- Educational Pursuits: Facilitates access to higher education and vocational training programs.
- Reduced Stigma: Helps individuals move forward without the constant burden of a publicly accessible criminal record.
Eligibility and Covered Offenses
The Maryland Second Chance Act applies to specific misdemeanor convictions and some non-violent felonies. Eligibility often depends on the type of offense, the time elapsed since the conviction or release from incarceration, and whether there have been any subsequent convictions.
Generally, the Act focuses on non-violent crimes and less serious offenses. Serious violent crimes, sex offenses, and certain crimes against children are typically not eligible for shielding under this Act.
- Commonly Eligible Offenses:
- Certain non-violent misdemeanors.
- Specific minor drug offenses.
- Some low-level property crimes.
- Ineligible Offenses (General Categories):
- Crimes of violence (e.g., murder, rape, armed robbery).
- Sex offenses requiring registration.
- Driving Under the Influence (DUI) and Driving While Impaired (DWI) offenses.
- Offenses involving a minor as a victim.
Shielding vs. Expungement
While both shielding and expungement aim to provide relief from a criminal record, they differ in their scope and effect:
| Feature | Maryland Second Chance Act (Shielding) | Expungement (Traditional) |
|---|---|---|
| Record Status | Records remain, but are hidden from public view. | Records are physically destroyed or removed from databases. |
| Access | Accessible to law enforcement and courts. | Generally inaccessible to anyone, including law enforcement (with limited exceptions). |
| Eligibility | Broader for certain misdemeanor convictions, some non-violent felonies. | More restrictive; typically for charges that did not lead to conviction, or specific, older convictions. |
| Purpose | Provides a "second chance" by removing public barriers. | Aims to clear a record as if the event never happened. |
Practical Insights
Navigating the complexities of the Maryland Second Chance Act can be challenging. The process involves specific forms, waiting periods, and often court hearings. Understanding your eligibility and the best course of action requires legal expertise.
If you have been convicted of a crime in Maryland and believe you might be eligible to have your record shielded under the Second Chance Act, it is highly recommended to speak with a qualified Maryland criminal attorney. They can assess your specific situation, determine eligibility, and guide you through the application process to ensure the best possible outcome.
