Shielding Landlord-Tenant Records

 Having a "clean" rental record as a tenant is valuable. A history of evictions limits your ability to get further housing. Maryland provided the following law which gives you an avenue for shielding of failure to pay rent during the pandemic. It's worth looking at.

"

§ 8-502. Petition to shield court records relating to action for repossession for failure to pay rent

(a)

(1) In this section the following words have the meanings indicated.

(2)

(i) "Court record" means an official record of a court proceeding kept by the clerk of the court or other court personnel.

(ii) "Court record" includes:

1. An index, a docket entry, a petition, a memorandum, a transcription of proceedings, an electronic recording, an order, and a judgment; and

2. Any electronic information about a proceeding on a website maintained by the Maryland Judiciary.

(3) "Shield" means to remove information from public inspection in accordance with this section.

(4) "Shielding" means:

(i) With respect to a record kept in a courthouse, removing the record to a separate secure area to which persons who do not have a legitimate reason for access are denied access; and

(ii) With respect to electronic information about a proceeding on a website maintained by the Maryland Judiciary, completely removing all information concerning the proceeding from the public website, including the names of the parties, case numbers, and any reference to the proceeding or any reference to the removal of the proceeding from the public website.

(b)

(1) This section applies only to a court record relating to an action for repossession of residential property for a failure to pay rent filed on or after March 5, 2020, but before January 1, 2022.

(2) This section does not apply to any record relating to an action for repossession for failure to pay rent that resulted in a money judgment entered in favor of a landlord unless the petitioner provides evidence to the court that the judgment has been satisfied.

(c)

(1) An individual may petition the court to shield court records relating to any action for repossession for failure to pay rent filed against the individual if the failure to pay rent was due to a loss of income arising out of the COVID-19 pandemic.

(2) A petition may not be filed under this section until the appeal period for the action to which a record relates has lapsed.

(d) The court shall grant a petition under this section for any record relating to an action for repossession in which there was not a judgment entered in favor of a landlord.

(e)

(1) For any record relating to an action for repossession in which a judgment was entered in favor of a landlord, the petitioner shall serve a copy of the petition for shielding on the landlord.

(2) A landlord may file an objection to a petition no later than 15 days after receipt of service.

(3) If the landlord files a timely objection to the petition, the court shall hold a hearing.

(4) If the petitioner demonstrates at the hearing that the petitioner's failure to pay rent that led to the judgment in favor of the landlord was due to a loss of income arising out of the COVID-19 pandemic, the court may grant the shielding of records relating to that judgment.

(5) If the landlord does not file a timely objection to the petition, the court:

(i) May grant the petition; or

(ii) If it denies the petition, shall provide the specific reasons for that denial in the order denying the petition."

History:

Added by 2022 Md. Laws, Ch. 722, Sec. 1, eff. 10/1/2022.

MD Code RP 8-502 Petition to shield court records relating to action for repossession for failure to pay rent (Maryland Code (2022 Edition))

 Right to a Speedy Trial

Motions to dismiss on speedy trial grounds have been routinely denied during the past year with judges citing Covid as the grounds.  Recently I've come to learn that the argument is again alive and perhaps well.  In today's case the routine drunk driving case was 563 days old.  The defendant was out on bond.  Other than stating a general feeling of anxiety wondering what would happen at trial there was no other obvious prejudice to the defendant.  The defendant did assert her speedy trial rights early on in the case.  There were no other postponements, the defendant never missed court, the judge found the delay to violate her speedy trial rights and dismissed the charges.

If you have an old case it is worthwhile to assert speedy trial defenses.

Loss of Second Amendment Rights in Maryland

 Maryland Statutory Scheme regarding Loss of Second Amendment Rights Based on Convictions for Disqualifying Crimes and Domestically Related Crimes

In Maryland you can lose your Second Amendment rights based on a conviction for many serious crimes of violence and one misdemeanor crime of violence along with domestically related crimes. If you have a physical fight and are convicted of misdemeanor assault you will (for your lifetime) lose your Second Amendment rights to possess firearms in whatever form including rifles, shotguns and handguns. You will be court ordered to surrender your firearms without compensation or the right to ever get them back. If you are charged with disqualifying crimes or domestically related crimes and you possess firearms or would ever like to possess firearms you need skilled defense.

 Below are some definitions worth considering.

From the annotated code of Maryland, public safety 5-101 a conviction for a "disqualifying crime" crimes of violence and domestically related crimes. Specifically,

"(1) "Convicted of a disqualifying crime" includes:

(i) a case in which a person received probation before judgment for a crime of violence; and

(ii) a case in which a person received probation before judgment in a domestically related crime as defined in §6-233 of the Criminal Procedure Article.

(2) "Convicted of a disqualifying crime" does not include a case in which a person received a probation before judgment:

(i) for assault in the second degree, unless the crime was a domestically related crime as defined in §6-233 of the Criminal Procedure Article; or

(ii) that was expunged under Title 10, Subtitle 1 of the Criminal Procedure Article.

(c) "Crime of violence" means:

(1) abduction;

(2) arson in the first degree;

(3) assault in the first or second degree;

(4) burglary in the first, second, or third degree;

(5) carjacking and armed carjacking;

(6) escape in the first degree;

(7) kidnapping;

(8) voluntary manslaughter;

(9) maiming as previously proscribed under former Article 27, § 386 of the Code;

(10) mayhem as previously proscribed under former Article 27, § 384 of the Code;

(11) murder in the first or second degree;

(12) rape in the first or second degree;

(13) robbery;

(14) robbery with a dangerous weapon;

(15) sexual offense in the first, second, or third degree;

(16) home invasion under §6-202(b) of the Criminal Law Article;

(17) a felony offense under Title 3, Subtitle 11 of the Criminal Law Article;

(18) an attempt to commit any of the crimes listed in items (1) through (17) of this subsection; or

(19) assault with intent to commit any of the crimes listed in items (1) through (17) of this subsection or a crime punishable by imprisonment for more than 1 year.

MD Code PS 5-101 Definitions (Maryland Code (2022 Edition))

Further down in the definitions:

(g) "Disqualifying crime" means:

(1) a crime of violence;

(2) a violation classified as a felony in the State; or

(3) a violation classified as a misdemeanor in the State that carries a statutory penalty of more than 2 years.

(h)

(1) "Firearm" means:

(i) a weapon that expels, is designed to expel, or may readily be converted to expel a projectile by the action of an explosive;

(ii) the frame or receiver of such a weapon; or

(iii) an unfinished frame or receiver, as defined in § 5-701 of this title.

(2) "Firearm" includes a starter gun.

MD Code PS 5-101 Definitions (Maryland Code (2022 Edition))

Domestically related crime is defined under annotated code of Maryland criminal procedure 6-233 as follows:

§ 6-233. Domestically related crimes

(a) In this section, "domestically related crime" means a crime committed by a defendant against a victim who is a person eligible for relief, as defined in §4-501 of the Family Law Article, or who had a sexual relationship with the defendant within 12 months before the commission of the crime.

(b)

(1) If a defendant is convicted of or receives a probation before judgment disposition for a crime, on request of the State's Attorney, the court shall make a finding of fact, based on evidence produced at trial, as to whether the crime is a domestically related crime.

(2) The State has the burden of proving by a preponderance of the evidence that the crime is a domestically related crime.

(c) If the court finds that the crime is a domestically related crime under subsection (b) of this section, that finding shall become part of the court record for purposes of reporting to the Criminal Justice Information System Central Repository under §10-215 of this article.

MD Code CP 6-233 Domestically related crimes (Maryland Code (2022 Edition))

Now you have to dig deeper. So what is a domestically related crime. It means a crime against a person who is eligible for relief. Who is a person eligible for relief, that is defined in the  Family Law Article 4-501 as follows:

"(m) "Person eligible for relief" includes:

(1) the current or former spouse of the respondent;

(2) a cohabitant of the respondent;

(3) a person related to the respondent by blood, marriage, or adoption;

(4) a parent, stepparent, child, or stepchild of the respondent or the person eligible for relief who resides or resided with the respondent or person eligible for relief for at least 90 days within 1 year before the filing of the petition;

(5) a vulnerable adult;

(6) an individual who has a child in common with the respondent;

(7) an individual who has had a sexual relationship with the respondent within 1 year before the filing of the petition; and

(8) an individual who alleges that the respondent committed, within 6 months before the filing of the petition, any of the following acts against the individual:

(i) rape or a sexual offense under §3-303, §3-304, §3-307, or §3-308 of the Criminal Law Article; or

(ii) attempted rape or sexual offense in any degree."

MD Code FL 4-501 Definitions (Maryland Code (2022 Edition))

The above is a lot to digest. The bottom line is that there are multiple criminal categories and multiple different persons eligible for relief that can cause you to lose your right to possess or ever acquire firearms for the rest of your life. When your rights are important to you contact experienced counsel to help you through this.

Civil Court Update from Administrative Judge for Montgomery County

Pursuant to the June 3, 2020 Court of Appeals Amended Order On The Progressive Resumption of Full Function Of Judiciary Operations and the June 3, 2020 Court of Appeals Second Revised Administrative Order On The Emergency Tolling of Suspension of Statues of Limitations And Statutory And Rules Deadlines Related To The Initiation of Matters and Certain Statutory And Rules Deadlines in Pending Matters, and the June 3, 2020 Court of Appeals Amended Administrative Order Lifting the Suspension During the VOID-19 Emergency Of Foreclosures, Evictions, And Other Ejectments Involving Residences,  the following update is provided: Effective July 20, 2020 the Judiciary entered Phase III of the Return to Full Operations. District Six will begin processing civil matters in Phase III. This will include: Affidavit judgments with trial dates prior to March 16. 2020 Consent Judgments Confessed Judgments Garnishments Civil motions and proceedings that are ripe and do not require a hearing Uncontested matters ripe prior to March 16, 2020 The following civil matters may be heard during Phase III: Wrongful detainer actions (emergency and non-emergency) Breach of lease actions Tenant holding over actions Rent escrow actions (subject to local code inspectors’ ability to provide inspections) Warrants of restitution related to judgments in said matters The following matters will proceed after July 25, 2020 (subject to any future legislation/action, Executive Order/action, Court of Appeals Order/action): Processing of previously stayed warrants of restitution for failure to pay rent action Other Landlord-Tenant actions will proceed in Phase IV, pursuant to the above-identified order and pursuant Chief Judge Morrissey’s July 16, 2020 Communication Regarding Phase III Landlord/Tenant Actions and Cares Act Information with the District Court. The following civil matters will be scheduled for dockets beginning on/after August 31: Civil proceedings previously postponed from trial dates dates of March 16, 2020 through July 20, 2020 Pursuant to Chief Judge Morrissey’s July 10, 2020 Second Revised Communication Regarding Affidavit Judgments in the District Court, cases with trial/affidavit judgement dates occurring from March 16, 2020 through July 20, 2020 will be reset for trial/affidavit judgment. Notice to parties. Thank you for your consideration of these newly phased-in civil functions. Sincerely,  Patricia Mitchell, Administrative Judge, District Court

Expungement of criminal records and application for employment or educational institution

Expunging a criminal record in Maryland has become easier to accomplish and there are few reasons not to do it if it is possible (if you are not a United States citizen you should contact an immigration attorney to discuss what additional steps you should take before having your record expunged).

The question often comes up after your record has been expunged, what do I put on an employment application or if I'm applying for college, law school or otherwise. What I say below is merely my opinion. I have not tested this argument in court. I do not have authority other than what I show below so you may want to contact me or a lawyer before you rely on it completely.

How does one get in expungement? This is important for the legal analysis. The person with the criminal record applies to the court requesting an expungement. The state of Maryland through the prosecutor's office responds to the request and the court looks at the merits of the expungement petition. Assuming that the request is meritorious the court enters a COURT ORDER declaring that the matter is expunged. The court order part is very important in this analysis. Once you have the court order then your case is officially expunged. Once you have this court order what activity by others is prohibited regarding your expunged case?

Below is the Maryland statute regarding prohibitions once your case has been expunged:

Criminal Procedure Article
Section 10-109. Prohibited acts
(a) Applications for employment or admission. -- (1) Disclosure of expunged information about criminal charges in an application, interview, or other means may not be required:
(i) by an employer or educational institution of a person who applies for employment or admission; or

(ii) by a unit, official, or employee of the State or a political subdivision of the State of a person who applies for a license, permit, registration, or governmental service.

(2) A person need not refer to or give information concerning an expunged charge when answering a question concerning:
(i) a criminal charge that did not result in a conviction; or

(ii) a conviction that the Governor pardoned.

(3) Refusal by a person to disclose information about criminal charges that have been expunged may not be the sole reason for:
(i) an employer to discharge or refuse to hire the person; or

(ii) a unit, official, or employee of the State or a political subdivision of the State to deny the person's application.

(b) Penalties. --
(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 1,000 or imprisonment not exceeding 1 year or both for each violation.

(2) In addition to the penalties provided in paragraph (1) of this subsection, an official or employee of the State or a political subdivision of the State who is convicted under this section may be removed or dismissed from public service.

In my mind the above statute is quite clear that expunged information need not be disclosed nor can the employer or academic institution make inquiry about the underlying criminal charges. That being said from the statute this clearly applies only within the state of Maryland.

What if you live in Maryland and you are applying for work in Wyoming or applying for school in Florida? What if you have moved out of Maryland and are applying for work in Wyoming or school in Florida?

To answer that I believe the United States Constitution comes into play.

The full faith and credit clause, Article IV, Section 1 provides as follows:

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

I would argue that Wyoming, Florida and any other United States jurisdiction would be required to give full faith and credit to the court order of expungement (judicial proceeding) as well as to the Maryland statute prohibiting certain activities (public acts). Teasing this out though the Walmart in Wyoming is clearly not a state but the University of Wyoming is a state school. Conversely, applying for a position at the Laramie County government is in my mind state activity but applying to a private school in Wyoming would not be.

What I'm trying to say is that full faith and credit clause, in my opinion, would only apply to government entities and not private entities. Applying to the Walmart in Wyoming, if they were asking if anything had ever been expunged I think you legally would need to answer yes unless you researched Wyoming law and saw that they had an expungement statute with similar prohibitions. Applying to law school in Wyoming I believe you would not need to disclose the expunged matter because the law school is a government entity.

Whether I am right or wrong in this analysis I think there could be a good faith basis not to reveal expunged matters on many applications. If the employer or academic institution were to call you out on it I think you could make a good faith argument that the Maryland statute is very broad, prohibits disclosing expunged matters, it was a judicial act and the other jurisdiction should recognize the authority of the state of Maryland.

Hope this helps, and call me with questions.

A Strong Push in the Right Direction

This is from the chief judge of the Maryland Court of Appeals. Clearly she is listening:

"

ment on Equal Justice Under Law -- June 9, 2020

The protests of the last several weeks have coalesced into a truth that cannot be ignored: people of color are being denied their rightful equality.  Frustration and grief have poured out in response to the recent events that so horribly have illuminated injustices against people of color; injustices, sadly, that are not new.  These events represent the extremes of the all-too-common conscious—and unconscious—disrespect and disregard for the dignity of people of color.  Difficult and painful, but necessary and overdue, conversations are taking place across our state and our nation. We may be disheartened, not only that our collective efforts have been insufficient and inadequate, but that so little progress appears to have been made.  We cannot falter, as we must fulfill our mandate to ensure equal justice to all under law.  We must, individually and collectively, contribute in any way we can to overcome the bias that divides and imperils our civil society and the experiment that is our democracy.  This recognition of the need for collective resolve is not new, but perhaps our determination to address the long-term inequities spawned by slavery and Jim Crow, has, at last, become new.  In 1862, President Abraham Lincoln, in his annual message to Congress, noted: We can succeed only by concert. It is not ‘can any of us imagine better?’ but, ‘can we all do better?’ The dogmas of the quiet past are inadequate to the stormy present. The occasion is piled high with difficulty, and we must rise — with the occasion.  As our case is new, so we must think anew, and act anew. We must disenthrall ourselves, and then we shall save our country. Many of those among us have taken an oath to support the constitutions of the United States and Maryland.  As such, we have the particular responsibility to make the guarantees embodied in them a reality for all people.  We have the unique privilege and responsibility to administer justice:  equal justice under law. Judges swear to be fair and impartial, to do justice in every individual case.  That cannot change, but we, together, as members of the system of justice, must re-examine how we administer justice.  We must determine, along with the other branches of government, how to ensure that the protections and rights under law are afforded equally to all of us.  We must assure that our courts do not suffer bias, conscious or unconscious.  We must examine, together, the reasons for disproportionate impact upon people of color, and address those reasons. All of us—members of the judicial branch and the legal community—must, as Justice Thurgood Marshall, has demanded, ensure that the doors of justice open wide for all people—and that once inside, procedural fairness and due process are a given.  Access to legal services and representation in matters that affect the lives of all the people in our state, whether they have means or not, is essential.  No one should suffer the degradations that too often accompany poverty—and we, the stewards of the justice system, cannot allow the lack of representation in civil matters to add to the burdens of the poor.  Until governments can afford to guarantee representation to all in civil matters, the provision of legal representation pro bono publico—for the public good—and the legal services and information we provide can fill some, but not nearly enough, of the need.  In Maryland, we have begun to address some of the systemic inequities that affect the poor and people of color more often and with greater detriment.  We have begun pretrial reform, but still need pretrial services state-wide to eliminate the pretrial detention of those who do not pose a risk, but cannot afford even a low monetary bail.  We have instituted mediation in landlord-tenant cases, but we need to address the manner in which the hundreds of thousands of landlord-tenant matters are filed and administered each year. We are working to improve the justice responses to children involved with the courts.  But we do still need to better address the problems of our young, our children, who have grown up in violence and poverty, far too many of whom are of color.  We must recognize that their suffering is our suffering and their desperation, ours.  As long as they are not afforded the stability and opportunity that all children deserve and require, we risk our collective stability as a state and as a nation. We have been fortunate in Maryland to have had a longstanding commitment to a Judiciary that looks like the people it serves—and an equal commitment to access to justice.  We must, however, recognize the economic and racial disparities that persist in our justice system.  We cannot eliminate them until we make certain that all voices are heard and respected and that the perspectives and experience of all realign our practices to make good the promise of equal justice under law. To answer President Lincoln, we will do better in Maryland because we must, until we achieve what a true democracy requires: equality for all people.  Our duty and fealty to the constitutions of our state and country command that we strive toward equality.  Let us, in reaffirming our commitment to equal justice under law for all, make it known that, in Maryland, the lives of people of color do matter." Mary Ellen BarberaChief Judge

Expunging Convictions in Maryland

Thank you to the Maryland Lawyer Volunteer Services for summarizing this. It was not long ago that a conviction in Maryland would stick with you for life absent a pardon by the governor. The Gen. assembly has made certain convictions eligible for expungement. Expunging convictions on your record if you are a US citizen has great benefits and I cannot think of any viable downsides. If you are not a US citizen you should consult with an immigration attorney before requesting that the matter be expunged.

The expungement process is generally straightforward. I can help you with it at very reasonable rates.

Below are the convictions made eligible for expungement under the Justice Reinvestment Act including the three eligible convictions added as of October 1, 2018. 

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MOST COMMON EXPUNGEABLE CONVICTIONS:

10 Year

• Public intoxication
• Possession/administration of CDS
• Drug Paraphernalia
• B&E of a Vehicle – Rogue/Vag
• Trespass – Posted Prop
• Theft
• Unauthorized Removal of Prop
• Disturbing the Peace
• Prostitution
• Affray, rioting, criminal contempt or hindering
• Violate ex-parte order
• Bad checks
• Public assistance fraud
• Disturbing the Peace/Obstructing or Hindering/Disorderly Conduct/Failure to Obey Order

 15 Year

• 2nd Degree Assault
• Felony theft
• CDS with Intent to Distribute
• Burglary – 1st, 2nd and 3rd

 Attempt, conspiracy, or solicitation of any of these listed offenses

ALL JRA CONVICTIONS:

Ten Year Waiting Period

(1) § 6–320 OF THE ALCOHOLIC BEVERAGES ARTICLE; (Public intoxication)

(2) AN OFFENSE LISTED IN § 17–613(A) OF THE BUSINESS OCCUPATIONS AND PROFESSIONS ARTICLE;

• (1) § 17–502 (real estate broker/ salesperson handling of trust money)
• (2) § 17–525 (discriminatory real estate practices in Baltimore City)
• (3) § 17–526 (discriminatory real estate practices in Montgomery County)
• (4) § 17–527 (real estate broker/ salesperson soliciting listings in Baltimore City and County)
• (5) § 17–530 (agent’s disclosure in writing that the licensee represents the seller or lessor or the buyer or lessee)
• (6) § 17–532 (licensee shall comply with the provisions of this section when providing real estate brokerage services)
• (7) § 17–601 (real estate broker must be licensed)
• (8) § 17–602 (fraudulent misrepresentation as licensed real estate broker)
• (9) § 17–603 (real estate broker cannot allow unauthorized individual to provide brokerage services)
• (10) § 17–604 (real estate broker/ salesperson cannot compensate unlicensed person for brokerage services)
• (11) § 17–605 (a real estate broker/ salesperson may not compensate a lawyer for the referral of a person as a possible party to a residential real estate transaction)
• (12) § 17–606 (on real property outdoor sign, cost of ground rent cannot be smaller than price of real property)
• (13) § 17–607 (real estate transaction involving a single-family dwelling, a real estate broker/ salesperson may not require a buyer, as a condition of settlement, to employ particular agents)
• (14) § 17–608 (induce another person to sell or rent a dwelling or otherwise transfer real estate or knowingly discourage or attempt to discourage another person from buying real estate)
• (15) § 17–609 (prohibition on solicitation to change the racial composition of a neighborhood)
• (16) § 17–610 (prohibition on submitting false documents to the Commission)
• (17) § 17–611 (prohibition on violating a suspension order)

(3) § 5–712, § 19–304, § 19–308, OR TITLE 5, SUBTITLE 6 OR SUBTITLE 9 OF THE BUSINESS REGULATION ARTICLE;

• 5–712 (failure to deposit money received under or in connection with a preneed burial contract)
• 19–304 (recordation prohibitions)
• 19–308 (plastic secondary packaging manufacturing and usage)
• TITLE 5
  • SUBTITLE 6 (regulations related to cemetery maintenance – trust fund required)
  • SUBTITLE 9 (regulations related to operating a cemetery – licensure)

(4) § 3–1508 OR § 10–402 OF THE COURTS ARTICLE;

• 3–1508 (failure to comply with the relief granted in an interim peace order)
• 10–402 (electronic communication prohibitions)

(5) § 14–1915, § 14–2902, OR § 14–2903 OF THE COMMERCIAL LAW ARTICLE;

• 14–1915 (penalties for violation of this subtitle)
• 14–2902

• (a) untrue, deceptive, or misleading advertisements
• (b) sale of repossessed, reconditioned, rebuilt, or secondhand property
• (c) advertise for sale property or a service that the person does not possess or control
• (d) omit reference to the country of registry of the vessel when issuing, selling or offering to sell ticket to board

• 14–2903 (advertising with intent not to sell)

(6) § 5–211 OF THE CRIMINAL PROCEDURE ARTICLE;

• 5–211 (Failure to surrender after forfeiture of bail or recognizance)

(7) § 3–808 OF THE CRIMINAL LAW ARTICLE;

• 3–808 False, fictitious, or fraudulent liens or encumbrances prohibited

(8) § 5–601, § 5–618, § 5–619, § 5–620, § 5–703, § 5–708, OR § 5–902 OF THE CRIMINAL LAW ARTICLE;

• 5–601 (Possession/administration of CDS)
• 5–618 (Poss/purchase of noncontrolled substance)
• 5–619 (Drug Paraphernalia)
• 5–620 (Controlled paraphernalia)
• 5–703 (Unsolicited mailing)
• 5–708 (Inhalent)
• 5–902 (Prohibited Acts)

(9) § 6–105, § 6–108, § 6–206, § 6–303, § 6–306, § 6–307, § 6–402, OR §6–503 OF THE CRIMINAL LAW ARTICLE;

• 6–105 (Malicious Burning of Property in the 2nd degree)
• 6–108 (Burning trash container)
• 6–206 (B&E of a Vehicle- Rogue/Vag)
• 6–303 (Pub Utility Interference- Electrical Equip)
• 6–306 (Serial #- Alteration/Sale of Good)
• 6–307 (Serial #- Possession and Use)
• 6–402 (Trespass- Posted Prop),
• 29 6–503 (Unauthorized Access to RR Vehicle)

(10) § 7–104, § 7–203, § 7–205, § 7–304, § 7–308, OR § 7–309 OF THE CRIMINAL LAW ARTICLE;

• 7–104 (Theft)
• 7–203 (Unauthorized removal of Prop)
• 7–205 (Failure to Return Rental Vehicle)
• 7–304 (Obtaining telephone records without authorization)
• 7–308 (Prohibited transfer of recorded sounds or images)
• 7–309 (Penalty- First of subsequent)

(11) § 8–103, § 8–206, § 8–401, § 8–402, § 8–404, § 8–406, § 8–408, §8–503, § 8–521, § 8–523, OR § 8–904 OF THE CRIMINAL LAW ARTICLE;

• 8–103 (Obtaining Prop/Services by Bad Check)
• 8–206 Obtaining prop by counterfeiting/Theft/Misrep)
• 8–401 (Fradulent conversion of partnership assets)
• 8–402 (Fraudulent misrep by corporate officer/agent)
• 8–404 (Pyramid promotional schemes)
• 8–406 (misuse of documents of title)
• 8–408 (Unlawful subleasing of motor vehicles)
• 8–503 (Public assistance fraud)
• 8–521 (Fraudulently obtaining legal rep from the PD‘s office)
• 8–523 (Housing assistance fraud)
• 8–904 (Racehorse under false name)

(12) § 9–204, § 9–205, § 9–503, OR § 9–506 OF THE CRIMINAL LAW ARTICLE;

• 9–204 (Bribery of person participating in/connected with athletic contest)
• 9–205 (Acceptance of bribe by person participating in/connected with athletic contest)
• 9–503 (False statement to public official concerning crime or hazard)
• 9–506 (MD higher ed commission fund application- false or concealed material fact)

(13) § 10–110, § 10–201, § 10–402, § 10–404, OR § 10–502 OF THE CRIMINAL LAW ARTICLE;

• 10–110 (Illegal dumping and litter control law)
• 10-201 (Obstructing or hindering the free passage of another, disorderly conduct/disturbing the peace, failure to obey a reasonable lawful order, disturbing the peace/loud noise, building fire on a beach or other property [Wicomico County]).
• 10–402 (Removing human remains without authority)
• 10–404 (Cemetery- Destroying funeral objects; indecent conduct)
• 10–502 (Bigamy)

(14) § 11–306(A) OF THE CRIMINAL LAW ARTICLE;

• 11–306(A) (Prostitution)

(15) § 12–102, § 12–103, § 12–104, § 12–105, § 12–109, § 12–203, §12–204, § 12–205, OR § 12–302 OF THE CRIMINAL LAW ARTICLE

• 12–102 (Betting, wagering, gambling and related activities)
• 12–103 (Playing certain games)
• 12–104 (Gambling device, or building, vessel, or place for gambling)
• 12–105 (Gambling on vessel or building or other structure on or over water)
• 12–109 (Prearrangement or predetermination of horse race results)
• 12–203 (Scales and draw of lottery devices),
• 12–204 (Location of sales/barter of lottery devices)
• 12–205 (Possession of lottery devices/records)
• 12–302 (Possession/operation of slot machine)

(16) § 13–401, § 13–602, OR § 16–201 OF THE ELECTION LAW ARTICLE

• 13–401 (requirements of the authority line in each item of campaign material)
• 13–602 (offers, gifts, money, etc. may not be used to influence voting)
• 16–201

• (a)(1) Impersonate someone to vote or attempt to vote / Vote or attempt to vote under false name
• (a)(2) vote more than once for a candidate or on same ballet
• (a)(3) vote more than once in the same election
• (a)(4) vote in an unauthorized district
• (a)(5) influence or attempt to influence a vote through force, threat, menace, intimidation, bribery or offer of reward
• (a)(6) influence or attempt to influence a voter’s decision to go to the polls through force, threat, menace, intimidation, bribery or offer of reward
• (a)(7) engage in conduct that denies right to vote on basis of race, color or disability

(17) § 4–509 OF THE FAMILY LAW ARTICLE

• 4–509 (Penalties- Failure to comply with interim/temp/final protective order)

(18) § 18–215 OF THE HEALTH – GENERAL ARTICLE;

• (a) physician who fails to submit report under § 18–204 of this subtitle
• (b) person who violates any provision of § 18–202 of this subtitle
• (c) in addition to any other penalty provided by law, a physician who fails to submit the report required under § 18–201 of this subtitle
• (d) person who violates any provision of § 18–205 of this subtitle
• (e) disclosing personal identifying health information acquired for the purposes of HIV and AIDS reporting
• (f) requesting or obtaining information on HIV and AIDS under false pretenses or through deception

(19) § 4–411 OR § 4–2005 OF THE HOUSING AND COMMUNITY DEVELOPMENT ARTICLE

• 4-411 (False statement on a document required to be submitted for a Rental Housing Program loan
• 4-2005 (False statement on a document required to be submitted for an Energy-Efficient Homes Construction Program loan)

 (20) § 27–403, § 27–404, § 27–405, § 27–406, § 27–406.1, § 27–407, §27–407.1, OR § 27–407.2 OF THE INSURANCE ARTICLE

• 27–403 (fraudulent insurance acts)
• 27–404 (insurer to write or place a policy or insurance contract or pay a commission or other consideration to a person that does not have a certificate of qualification)
• 27–405 (to act as or represent to the public as an insurance agent or another component of the insurance process)
• 27–406 (false or fraudulent statement or representation in or with reference to an application for insurance)
• 27–406.1 (an individual surety to solicit or issue a surety bond or contract of surety insurance except as provided in:

• (b)(1) §§ 13–207 and 17–104 of the State Finance and Procurement Article; and
• (b)(2) for an uncompensated person, §§ 5–203 and 5–204 of the Criminal Procedure Article

• 27–407

• (1) to solicit, for personal gain, an individual injured by or in a motor vehicle to sue or retain a lawyer to represent that individual in a lawsuit
• (2) to solicit, to solicit, an individual injured by or in a motor vehicle to seek care from a health care practitioner
• (3) a lawyer or health care practitioner to employ or compensate a person for the purpose of having that person solicit or attempt to solicit clients for the lawyer or health care practitioner

• 27–407.1 (intentional motor vehicle accident or a scheme to create documentation of a motor vehicle accident that did not occur with purpose of submitting a claim)
• 27–407.2 (contractor offering home repair or remodeling services for damages to a private residence caused by weather, to pay or otherwise compensate an insured with intent to defraud an insurer)

(21) § 5–307, § 5–308, § 6–602, § 7–402, OR § 14–114 OF THE PUBLIC SAFETY ARTICLE

• 5–307 (handgun permit)
• 5–308 (carrying handgun permit whenever handgun is carried)
• 6–602 (represent themselves as or interfere with or obstruct the State Fire Marshal, a deputy State fire marshal, or a special assistant State fire marshal)
• 7–402 (represent themselves as or interfere with or obstruct a firefighter, a rescue squad member, or emergency services personnel)
• 14–114 (violate an order, rule, or regulation issued under the authority of this subtitle)

(22) § 7–318.1, § 7–509, OR § 10–507 OF THE REAL PROPERTY ARTICLE

• 7–318.1 (foreclosure consultant fails to obtain a real estate broker’s license or violates any provision of Title 17 of the Business Occupations and Professions Article)
• 7–509 (penalties for violating this subtitle)
• 10–507 (failure to comply with this subtitle or any breach of any trust created by this subtitle)

(23) § 9–124 OF THE STATE GOVERNMENT ARTICLE

• 9–124 (state lottery ticket prohibitions)

(24) § 13–1001, § 13–1004, § 13–1007, OR § 13–1024 OF THE TAX –GENERAL ARTICLE

• 13–1001 (failure to file a tax return)
• 13–1004 (tax fraud through income tax return preparer)
• 13–1007 (failure to file income tax withholding return)
• 13–1024 (evade payment of a tax, prevent the collection of a tax, fails to provide information as required, or provides false or misleading information)

(25) THE COMMON LAW OFFENSES OF AFFRAY, RIOTING, CRIMINAL CONTEMPT, OR HINDERING; OR

(26) AN ATTEMPT, A CONSPIRACY, OR A SOLICITATION OF ANY OFFENSE LISTED IN ITEMS (1) THROUGH (25) OF THIS SUBSECTION.

Fifteen Year Waiting Period

-§ 3–203 OF THE CRIMINAL LAW ARTICLE – 2nd degree Assault

-An offense classified as a “domestically related crime” under Criminal Procedure Article § 6-233. This is determined on a case-by-case basis. In cases where the victim is a family member or cohabitant of the defendant, the State’s Attorney has the discretion to ask the Court to make a finding that a given offense is a domestically related crime. This finding will be reported to the Criminal Justice Information System Central Repository.

A felony that is a violation of:

– § 7–104 OF THE CRIMINAL LAW ARTICLE

(Theft, theft by deception, possession of stolen property) [Felony is defined as theft of property valued at least $1,500.]

-THE PROHIBITION AGAINST POSSESSION WITH INTENT TO DISTRIBUTE A CONTROLLED DANGEROUS SUBSTANCE UNDER § 5–602(2) OF THE CRIMINAL LAW ARTICLE

(CDS – Possession with intent to distribute or dispense)

– § 6–202(A), § 6–203, OR § 6–204 OF THE CRIMINAL LAW ARTICLE

(1^st degree burglary, 2^nd degree burglary, 3^rd degree burglary)

– AN ATTEMPT, A CONSPIRACY, OR A SOLICITATION OF ANY OFFENSE LISTED