As of October 1, 2023, waiting periods for expunging certain convictions have shortened considerably. Most notable is the wait for marijuana-related records. In many cases, waiting periods have been cut by more than half, allowing individuals to have their records expunged in a far shorter time.

REDEEM ACT Effects

The REDEEM Act of 2023 (SB 37) will reduce the waiting period for several eligible expungements. The Act bases eligibility according to the Maryland Criminal Procedure Code, specifically § 10-110. This new law could cut waiting times in half for eligible misdemeanors, reducing the wait from ten years to five. However, interested parties must satisfy the sentence(s) imposed for all convictions they wish to expunge.

The REDEEM Act of 2023 also reduces the waiting period for qualifying felony convictions from 15 years to seven. Once again, this applies after satisfying all associated sentences, including parole, probation, or mandatory supervision. Most notably, this law applies to marijuana-related convictions. For example, those convicted of possession with intent to distribute under § 5–602 could apply for expungement. They may petition after completing their sentence.

The law aims to reduce the disproportionate impact of marijuana-related laws. Furthermore, the REDEEM Act of 2023 included commentary on racial equity. Lawmakers intend for it to improve opportunities for Black or African American individuals. The racial equity impact statement states, “Maryland incarcerates those individuals at disproportionately high rates.”

Waiting Periods

The REDEEM Act of 2023 provided examples of how it would improve the waiting periods. One example includes the following:

“A petition for expungement of a conviction of possession with intent to distribute cannabis under § 5–602 of the Criminal Law Article may not be filed earlier than three years after the person satisfies the sentence or sentences imposed for all convictions for which expungement is requested, including parole, probation, or mandatory supervision.”

However, prosecutors will maintain the 30-day time limit to object expungement petitions. This timeframe begins after an individual files for expungement. However, most petitions take roughly 90 days to complete.

The new bill has also reduced the impact of court fees and costs associated with expungements. Specifically, unpaid court costs and fees will not serve as a bar to expungement under the law. In addition, the courts can now waive fees for cannabis-related expungements. However, these waived fines will not order restitution to a victim.

This law has now taken effect, allowing courts to expunge many newly qualifying offenses. For employers, many previously disqualified applicants can apply for various positions. Employers should review their policies and background-checking processes to comply with the REDEEM Act 2023. One way to succeed is by partnering with a trustworthy background screening provider.

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Waiting periods for some expungements in Maryland will soon be shorter. On October 1, 2023, Senate Bill 37, also known as the Redeem Act, will take effect. When it does, waiting periods for some expungements in Maryland will reduce. 

This result is because the period to file for expungement of eligible convictions could shorten to roughly half the current time. The current waiting period for eligible misdemeanors is ten years, and 15 for felonies. Under the new law, the waiting period for a listed misdemeanor will typically be five years; listed felonies will generally be seven. 

What It Does

The law also permits individuals convicted of marijuana possession to file for an expungement as soon as they complete their sentence. Once an individual files to have a conviction expunged, completing the process should take approximately 90 days. However, prosecutors will have 30 days to object after the individual files a petition.

Furthermore, the Redeem Act waves some costs and court fees associated with having a cannabis offense expunged. However, the Act does not offer waivers for orders of restitution. It also addressed the racial impact of expunging records. 

It stated that the waiting periods affected people of color more than others; Black and African Americans suffered the most. The Act further revealed that these people faced a disproportionately high incarceration rate. As such, this bill intends to align Maryland’s relatively stringent regulations more closely with other states.

How It Came About

In January 2021, the chairpersons of the Legislative Judiciary Committees received a letter from the Maryland Judiciary. In the letter, the Judiciary expressed concerns about the costs of expunging a case. The letter specifically mentioned court costs, outstanding fees, and Criminal Injury Compensation Fund fees.

Senator Jeff Waldstreicher sponsored the Redeem Act and explained how it would help Maryland catch up with other states. In his explanation, he admitted that Maryland’s expungement laws have proven limited and conservative due to tradition. As such, he hopes the Redeem Act will expand the regulations and shorten waiting times, similar to what other states have enacted.

As Maryland employers prepare for the Redeem Act to take effect, they should review existing policies and procedures regarding criminal history. In many cases, they may find outdated policies that restrict employment opportunities. These restrictions prevent applicants with criminal records from applying for or acquiring work. Employers should consider revising these policies to become more inclusive and set up a second-chance hiring program to ensure fair opportunities. A great place to start is by working with a background screening provider. The right partner will use their experience with second-chance hiring to ensure employers comply with regulations like the Redeem Act.

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Maryland Representative Glenn Ivey has sponsored a bill called the Begin Again Act. This Act would expand the eligibility requirements for individuals seeking expungement for first-time drug offenses. 

The Act

According to the Begin Again Act, it would no longer include the age requirement. This Act would allow judges to drop charges and give individuals of any age a second chance when charged with minor possession offenses. This change could help employers and first-time offenders, as it increases the pool of potential employees. 

The current law only allows the expungement of simple possession offenses for defendants who committed the crime when under 21 years old. In addition, they must not have past convictions for drug offenses at the state or federal level to receive expungement. Representative Ivey stated that the war on drugs over the last 30 to 40 years proved overly aggressive. 

Those opposing the Begin Again Act believe it could increase the likelihood of repeat offenders. They also claimed it would create a system soft on crime, encouraging offenders to continue. Currently, the state law could sentence first-time offenders six to 18 months in jail.

The Proposed Effect

Rep. Glenn Ivey explained that the Begin Again Act is a critical step toward fully helping individuals rejoin their communities. In addition, he claimed that offering people a second chance after making mistakes can lead to a more productive populace. It also returns the individuals’ dignity and ensures housing and job opportunities. Furthermore, Rep. Ivey encouraged the legal system to reward those who make amends for past mistakes. 

This belief inspired the Begin Again Act, which he believes will help these people move forward. Despite the opposition, it has received bipartisan support. Rep. Nathaniel Moran also supports this Act and shared his experience with the current drug laws. When he owned a staffing agency, he frequently saw qualified candidates disqualified from potential job opportunities due to minor, non-violent drug possession charges. 

According to Rep. Moran, many Americans have struggled to find work or housing opportunities because of such charges. This one poor decision has limited their ability to build better futures for their families and themselves. As such, he hopes the Begin Again Act will provide these missed opportunities to first-time offenders with non-violent, low-level drug offenses.

Employers should prepare in case the legislation passes by reviewing their hiring policies. One step to ensure compliance is checking if their process considers only criminal offenses related to the open position. Working with a trustworthy background screening company can help the company review and stay compliant with this and other relevant employment regulations.

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