Expert: Jason Grabill - 5/23/2011

Question
Hey Jason how are ya? Let me start off by saying this is a little off the beaten path, atleast from the topics i have seen on your site so far. I'm 37 yrs old and i'm no saint lol! When i was 17 yrs old i bought some electronics that ended up being stolen, i had a good idea with the prices i was getting that the items were not legit. After some heat came down on these guys and i was questioned i stoped all activity. I was going through my parents basement and found a camcorder(left over from the idiots) i had forgotten about and i sold it to a friend of mine and he turned around and pawned it. I'm sure you know the crapstorm that came down on me from there. Come to find out these things were not taken from trailors or business's(ie circuit city best buy ect ect)as was told to me, they were taken from peoples homes. As soon as i found this out i blew the whistle on the 3 guys responsible and even picked them out in a photo lineup. I assure you i could'nt break into my own bedroom when i locked myself out muchless someones house. Well the state police told me i was lying and that all 3 guys i picked out passed a lie detector even though i found out later they had a rap sheet as long as my arm. Then to boot the detective told all 3 guys it was me who told on them. They tried to nail me with about 20 charges steming from b&e"s breaking the home  and dwelling malicious destruction and theft over 300$ to name a few not to mention it all went to court when i was 19 and i was charged as an adult. My lawyer told me because that camcorder was trced back to me thanks to my friend pawning it, it red flagged and then he told the cops i sold it to him, that i had to plea gulty to something and work out a deal. so to avoid all of the hell i was facing we pleaded guilty to 1 felony count of theft of 300 ( back then the felony was 300 now i believe it is 500) They dropped/Nolle Prosequi the rest. I ended up with a suspended sentance and supervised probation. All in all i was a good boy after that, had 2 kids ect ect, then i got a dui(about 2 yrs ago) for sleeping in my vehicle while still at the parking lot where my truck was parked which i'm still dumbfounded by, if i'm still in the same parking lot and the truck has never moved how do you get a driving under the influence?!?! well instead of getting into that, i got a good lawyer and pleaded not gulty and it was pbj'd. Now i have had some unforseen health issues and have to start a new career ( which i'm in school for now) It is in the radiology field. I have been told that this theft charge from almost 20 yrs ago could screw up my chances of becoming employed in the health field ( hospitals mainly because of the patient care prescription drugs ect ect) Here is the long awaited question lol, How do i get this expunged? and or what are my chances of petitioning the governor of Md for a pardon? I realize this might be a little out of your realm of expertise but any little bit helps :) thanks for your time and have a nice eve :)

Mike

Answer
Mike:

 Getting the charge expunged actually isn't as hard as you might think, basically you get an attorney and petition the court to clear the record.  (A pardon, which is only issued by the governor...is EXTREMELY difficult to obtain and takes years).   An expungement is what you are looking for.  You'll need to show that you've been an upstanding citizen for the past 20 years, letters from people of 'note' in the community (minister, mayor/elected officials, law enforcement, work supervisors, etc etc) will help in this.

 I don't think something that happened 20 years ago is going to be a huge deal, quite frankly, esp. if you've never had any other issues.  

  The DUI came about because you were 'in control' of your vehicle, driving, moving, or not.   If you had the keys in the ignition or on you, and you were in the drivers seat, that is all that is required.

 Hope this helps, good luck!

Jason