Official pardon recommendations and OPA advice to the President are confidential. B.V., the D.C. Visit, Use this form if the court has ordered you to pay some or all of the costs at the end of your case and you cannot afford to pay. 35-3-37(d). Crimes of Violence -- Maryland Law provides a definition for Crimes of Violence as they relate to mandatory sentences in certain crimes and crimes of violence relating to pistols and revolvers. Use this form to ask the court to terminate the guardianship of the person of a minor or disabled person. 3638, 3759) making recommendations to Congress for standardizing non-criminal justice access to FBI-maintained criminal history records. Bench -- The body of judges composing a court. Use this form to ask the court to shield court records in a protective order case. Use this form if you are the guardian of a disabled person or minor and want the court to transfer the guardianship from Maryland to another state. The report recommends that the FBIs national database of criminal records generally be made more widely available to private employers and private screening firms for purposes of determining suitability for employment or placement in a position of trust.17Id. Such waivers will be considered on a case-by-case basis where substantial good cause for granting a waiver is shown. Id. Use this form to ask the court to shield from public inspection information in a peace order case in which the respondent agreed to the order without a trial. Third, the AG must coordinate with the Office of Probation and Pretrial Services in the Administrative Office of U.S. Courts to provide voter educational materials to all eligible individuals under supervision, and to facilitate their voter registration and voting. National court forms can be used in all federal courts. Other banking agencies charged with administering laws regulating real estate and mortgage brokerage licensing may defer to FDIC for waivers. Use this form if you are a victim or a victim's family member, and you object to the expungement of a juvenile record. 335a. MDEC expands to Prince George's County district and circuit courts On Monday, October 17, Prince George's County became the latest jurisdiction to implement the Maryland Electronic Courts (MDEC) case management system. Arraignment -- The procedure whereby the accused is brought before the court to plead to the criminal charge in the indictment or information. It is effective two years after signing, in December 2021. Use this form if you want to resign as guardian of the person of a minor or disabled person. This form lists the charges and timeframes to be eligible to expunge nuisance crimes (drinking alcohol or sleeping in public, panhandling, loitering, or using transit without payment, for example) under Criminal Procedural Article 10-105. Download 2935Kb (.pdf). Use this form if you believe a respondent has violated a protective order. Escrow -- The placing of money, a deed, or real property in the hands of a third party to be held until the performance of a condition. Subpoena Duces Tecum -- (Trans: bring it with him) -- A writ commanding a witness to appear and produce documents or papers in court that are relevant to a case. Use this form to respond to or "answer" a guardianship petition that has been filed with the court. Jury Trial Prayer -- A case that was originally filed in the District Court, but for which a trial by jury in the Circuit Court is requested. (N.D. Ohio). Learn more at mdcourts.gov/peaceorders. As to pardoned or expunged convictions. 1996) (Chin, J.) Learn more about remote hearings at mdcourts.gov/legalhelp/remotehearing. Service -- Delivery of a writ, notice, injunction, etc., by an authorized person, to a person who is thereby officially notified of some action or proceeding in which the person is concerned. 1572.103(b)(2)(vii). A physician must complete this form at the request of a petitioner in a legal proceeding to request a guardian for the patient. Use this form to ask a Maryland court to accept the transfer of a guardianship from another state to Maryland. 13726b sets [m]inimum standards for background checks and pre-employment drug testing for potential employees, including requiring criminal background checks, to disqualify persons with a felony conviction or domestic violence conviction . Maryland Guide & File is a web-based tool that helps fill out court forms. Voir Dire (Trans: to speak the truth) -- the preliminary examination of a prospective juror, or witness, to determine whether the person is competent, impartial, and unprejudiced. Judge -- Can be a judge of any court in this state, but most often will be a judge of the court which issued the documents you have before you, or a judge of the court having jurisdiction over the matter before you. petition or after the consent expires. Use this form to request remote access to electronic case documents in which you are a party to the obtain party access to MDEC case(s). Use this form in a change-of-name case for a minor, which requires publication in a newspaper. [i]nstead, the conviction was exempted from public access to permit [defendant] Townsend a clean start and to restore some civil rights). The statutory mechanism for relief from federal firearms dispossession, 925(c), has not been funded since 1993. 15 U.S.C. (See: Huger v. State, 285 Md. B. Use this form if disclosing your address on a Protective Order petition would put you at risk of further harm. Court Records -- All official records maintained by the clerk or other personnel pertaining to any criminal action or proceeding for expungement, including indices, docket entries charging documents, pleadings, memoranda, assignment schedules, disposition sheets, transcriptions of proceedings, electronic recordings, orders, judgments, and decrees. Loss & restoration of civil/firearms rightsA. Visit mdcourts.gov/legalhelp/filingfeewaivers for more information. Use this form to petition the court to shield records relating to the conviction of specified crimes inaccessible by members of the public under the Maryland Second Chance Act. Public Defender -- Counsel provided at public expense, primarily to defend indigent defendants in criminal cases. Use this form if you are the guardian of a disabled person or minor and want the court to transfer the guardianship from Maryland to another state. Note: The forms permit you to request a waiver of the costs of preparing the transcript, an essential part of the appeal process, in the District Court only. Ordinarily an applicant must have no court proceedings pending, and must have completed supervision. Enforcement -- Action taken to obtain compliance with a court order. Co-defendant -- One of multiple persons named in the same civil complaint or charged in the same criminal charging document. As one commentator has noted, [i]t is clear that state law on expungement controls in cases coming under the Firearms Owners Protection Act, even ifDickersoncontinues to control in areas not specifically covered by the [1986] Act.SeeJames W. Diehm,Federal Expungement: A Concept in Need of a Definition, 66 St. Johns L. Rev. 2015); United States v. ProcessE. Further, whether a specific type of state relief is given effect in a federal statutory or regulatory scheme may differ depending on how the federal rule defines the requisite elements of relief, and whether they apply a federal definition of the term. Through the use of their specialized equipment, this Unit can assist in search CLICK HERE for more information on Extreme Risk Protective Orders. The court of appeals also cited the judiciary branchs lack of competence to review the governments decision to pursue a DPA and the terms thereof, citing Supreme Court precedent regarding the executive branchs unique ability to make the decision whether to prosecute based on multiple factors, and the judiciarys inability to undertake such an inquiry. Bail Bond -- A written obligation of a defendant, with or without a surety or collateral security, conditioned on the appearance of a defendant as required and providing for the payment of a penalty sum according to its terms; includes a surety bond posted by a surety insurer or bail bondsman and backed by the insurers pledge; a cash bond secured by deposited cash; a property bond secured by pledged personal property or a lien on real property; and/or an unsecured bond. Use this form to ask a Maryland court to register another states guardianship order. Suppress -- To stop, prohibit, prevent, subdue; with respect to evidence, to prevent its use by showing it was obtained illegally or is irrelevant. Use this form if you need additional pages for a complaint or petition in a family case. For an overview of the relationship between state and federal firearms dispossession laws, see the 50-state comparison chart onLoss & Restoration of Civil/Firearms Rights. It may order the abuser to move out of a home that is shared and/or to stop hurting, threatening, stalking and harassing the victim. Use this form to initiate a case aboutchild access or visitation. 3142(d), Taxation for Commuting in Government Leased Vehicle, Application for Judicial Branch Federal Employment, Notice, Consent, and Reference of a Civil Action to a Magistrate Judge, Notice, Consent, and Reference of a Dispositive Motion to a Magistrate Judge, Consent to Proceed Before a Magistrate Judge in a Misdemeanor Case, Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action, Subpoena to Testify at a Deposition in a Civil Action, Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action, Subpoena to Testify at a Hearing or Trial in a Criminal Case, Subpoena to Produce Documents, Information, or Objects in a Criminal Case, Subpoena to Testify at a Deposition in a Criminal Case, Search and Seizure Warrant on Oral Testimony, Warrant by Telephone or Other Reliable Electronic Means, Voluntary Petition for Individuals Filing for Bankruptcy, Initial Statement About an Eviction Judgment Against You (individuals), Statement About Payment of an Eviction Judgment Against You (individuals), Application for Individuals to Pay the Filing Fee in Installments, Application to Have the Chapter 7 Filing Fee Waived, For Individual Chapter 11 Cases: The List of Creditors Who Have the 20 Largest Unsecured Claims Against You Who Are Not Insiders, Involuntary Petition Against an Individual, Declaration About an Individual Debtors Schedules, A Summary of Your Assets and Liabilities and Certain Statistical Information (individuals), Schedule C: The Property You Claim as Exempt (individuals), Schedule D: Creditors Who Hold Claims Secured By Property (individuals), Schedule E/F: Creditors Who Have Unsecured Claims (individuals), Schedule G: Executory Contracts and Unexpired Leases (individuals), Schedule J-2: Expenses for Separate Household of Debtor 2 (individuals), Statement of Financial Affairs for Individuals Filing for Bankruptcy, Statement of Intention for Individuals Filing Under Chapter 7, Motion, Notice and Order for Adequate Protection Payments and Opportunity to Object, Bankruptcy Petition Preparers Notice, Declaration and Signature, Your Statement About Your Social Security Numbers, Chapter 7 Statement of Your Current Monthly Income, Statement of Exemption from Presumption of Abuse Under 707(b)(2), Chapter 11 Statement of Your Current Monthly Income, Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period, Chapter 13 Calculation of Your Disposable Income, Application For Search of Bankruptcy Records, Application for Payment of Unclaimed Funds, Required Lists, Schedules, Statements, and Fees, Voluntary Petition for Non-Individuals Filing for Bankruptcy, Notice Required by 11 U.S.C. 70105. The motion must be served on the State's Attorney where the conviction for the qualifying offense occurred, and must be mailed to a victim or victim's representative if the qualifying offense occurred within 5 years before the filing of the motion. Carlesi v. New York, 233 U.S. 51 (1914). Writ -- A written order issued by a court and addressed to a sheriff or other person whose action the court desires to command to require performance of a specified act or to give authority to have the act done. This notice states the rights of victims and victims' family members to object to the expungement of a juvenile court record. Use this form if you want to make a request to the court that does not require service on the other parties to the case (Md. Circuit stated that the court approval required in order to exclude time under the Speedy Trial Act should be read against the background of settled constitutional understandings under which authority over criminal charging decisions resides fundamentally with the Executive, without the involvement of and without oversight power in the Judiciary. 818 F. 3d at 741-42. 13041. Use this form to request a copy of a compact disc (CD) / electronic recording or a written transcript of a case. 5103a(a)(1). 7541 1993 New parts. Can be used to by the States Attorney to notify the court of that offices position on a juvenile expungement petition. Probation -- A means of conditionally releasing an individual after trial. Not included are investigatory files, police work-product records used solely for police investigation purposes, or records pertaining to nonincarcerable violations of the vehicle laws of the State or of any other traffic law, ordinance, or regulation. Part 1. Learn more: divorce web pageand divorce video series. A party who fails to comply with a court order in a civil action. Presumption -- An inference of the truth or falsehood of a proposition or fact that stands until rebutted by evidence to the contrary. Some of these regulatory schemes contain time limits or provide for administrative waiver, as described below. Venue -- The geographical division in which an action or prosecution may be brought for trial. Miranda Warning -- A requirement based on a United States Supreme Court decision that a person be advised of certain constitutional rights against self-incrimination at the time of arrest and before questioning. Use this form to ask the court for a permanent protective order. See instructions here. Under Justice Department regulations, to be eligible to apply an applicant must wait five years after release from prison, or date of sentencing if not incarcerated. 1570.3; 1572.103. 9201(4)(B) and (C). Use this form in independent adoption cases in which parental rights have been terminated. Form used to state compliance with the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). If you wish to view multiple cases, complete the DC-034A to list all cases. General Jurisdiction -- the unlimited authority over cases brought before the court to decide rights and grant remedies available under the law; circuit courts are courts of general jurisdiction. A persons whose written application is denied will have 60 days to request an administrative hearing on the application. Minor -- An individual under the age of 18 (eighteen) years. Copyright 2022 Maryland Judiciary. (a) A person may initiate a petition for the expungement of records of a child alleged to be a delinquent child or a child in need of services by filing a verified petition in the juvenile court in ; If you wish to expunge records for convictions in multiple counties, you must file a petition for expungement 3d 160, 166 (D.D.C. Use this notice for service of process by posting or publication. Bench Warrant -- A warrant issued by a judge for the arrest of a defendant for failure to appear in court as required. Cross Claim -- A claim asserted between co-defendants or co-plaintiffs and in a case that relates to the subject of the original claim or counterclaim. Use this form to ask the court to recognize and out-of-state protective order. This is a release of all the requesting partys claims for damages relating to this proceeding and any and all tort claims that may arise out of this proceeding. The TSA has taken the position that a conviction does not include offenses that have been discharged or set-aside such as convictions that have been expunged or pardoned. Circuit -- A geographical area including one or more counties over which the courts jurisdiction or a judges representation extends; under Article IV, Sections 14 and 19 of the Constitution of Maryland, there are six appellate circuits in Maryland and eight trial level circuits. Parole -- A conditional release from imprisonment by a parole board that entitles the defendant to serve the remainder of the sentence outside of the prison as long as all of the conditions of release are met. Use this form to get consent from a parent/guardian to a name change for a minor. Use this form if you are a co-petitioner for guardianship of a minor or an alleged disabled person. Use this form to tell the court that an individualhas violated a peace order. Not sure which family law form you need? Learn more at mdcourts.gov/dv. The Fair Chance Act states that it does not authorize post-offer consideration of the broader set of records sealed or expunged pursuant to law or juvenile records that would be specifically barred from pre-offer inquiry under 9201. Affidavit -- A written statement the contents of which are affirmed to be true under the penalties of perjury. Litigant -- A party to a lawsuit; one engaged in litigation. Use this form in a domestic violence case. Need help filling out court forms? States Attorney -- A person authorized to prosecute an offense on behalf of the State or a political subdivision thereof. Felony -- A serious criminal offense, punishable by imprisonment for more than one year or death. Vulnerable Adult -- Adult who is physically or mentally incapable of providing for his/her daily needs. Extradition -- The surrender by one state to another of an individual accused or convicted of an offense outside its own territory and within the territorial jurisdiction of the other which, being competent to try and punish him, demands the surrender. Learn more at mdcourts.gov/guardianship. III. Learn more: divorce web page and divorce video series. However, convictions of any age may be reported. The federal pardon process is described at. Use this form to ask the court to order service by public posting or publication. 7541 1993 New parts. Bail Bondsman -- The authorized agent of a surety insurer. At issue was whether, under the Fair Housing Acts accessibility requirements for newly Essentially, this training will give you hands-on experience that will prepare you for your road test. Battery -- The unlawful application of physical force to, or offensive touching of, another without the individuals consent. Supreme Court of Virginia Opinions and Published Orders. NOTE: Every case may not have electronic documents available. See8 U.S.C. Nonetheless, there have been exceptions made to this non-recognition of expungement, including eliminating conviction as an absolute bar to obtaining Deferred Action for Childhood Arrivals (DACA) status. Rule 3-311) AND is not available on another judiciary form (requests for: change of address, continuance/postponement, accommodation, or interpreter all have their own form). 70105(c); 49 C.F.R. JuryC. Not included are records pertaining to nonincarcerable violations of the Maryland vehicle laws or other traffic law, ordinance, or regulation, published opinions of the Court, cash receipt and disbursement records necessary for audit purposes; or a Court reporters transcript of proceedings involving multiple defendants. 1 (2006) (Whether a Presidential Pardon Expunges Judicial and Executive Branch Records of a Crime). 2408(a). Learn more: divorce web pageand divorce video series. See, e.g., Colo. Rev. Major categories of workers covered by the ATSA include airport screeners, mechanics, flight attendants and pilots, fleet service workers, and workers handling commercial or passenger cargo in secured areas. This is a sample of a Uniform Civil Citation, which may be issued to a defendant who is 18 years or older for violations of certain civil codes, statutes, municipal infractions, or local ordinances. Reg. (Compare admission), Confidential Record -- An official record of which a statute prohibits public review, such as presentence investigation reports. Bench -- Process issued by the court itself, or from the bench, for the attachment or arrest of a person. Thus,Dickersoncontinues to inform how federal courts and agencies interpret the term expungement under the Immigration and Nationality Act, the Federal Sentencing Reform Act of 1984, and other areas (the FDIC recently adopted a broader definition of expungement, as discussed below). 12 U.S.C. People whose convictions were prosecuted under the Uniform Code of Military Justice are eligible to apply for a presidential pardon, as are people with D.C. Code offenses. An application is made to the Office of the Pardon Attorney (OPA), U.S. Department of Justice, on a form provided by that office. Learn more at mdcourt.gov/dv. at 4. Frequency of GrantsG. The U.S. Constitution does not prohibit convicted persons from holding office, but some statutes provide that conviction will result in the loss of office. NOTE: Payments under a contract, such as checks for rent, utilities, or car payments are not bad check violations. Id. 2006); Resendiz-Alcaraz v. U.S. Atty Gen., 383 F.3d 1262 (11th Cir. Use this form if you are a surety who have posted a bond and are requesting the bond be used to pay fines/costs, restitution, and/or be sent to a specific person wish the bond amount to be assigned to pay fines/costs or restitution. Use this form if you are the guardian of a minor or disabled person and want the courts permission to take an action not allowed in the order appointing you as guardian or that requires court permission. There is no general federal expungement statute, and federal courts have no inherent authority to expunge records of a valid federal conviction. Use this instruction form to complete an estate inventory in a guardianship case (form CC-GN-011.). This is a release of all the requesting partys claims for damages relating to this proceeding and any and all tort claims that may arise out of this proceeding. Use this form to provide law enforcement with a description of a respondent for service of process. 18-10638 (August 6, 2019). Plea Agreement -- Agreement between the prosecutor and the defendant to exchange a plea of guilty or nolo contendere for reduction in the charge(s) or leniency in sentencing. 504(a), 1111(a). Writ of Garnishment of Property -- An order of court commanding that a defendants assets be seized and the money paid to the plaintiff to satisfy a judgment. Statute -- An act of the General Assembly declaring, commanding, or prohibiting something. Learn more: Child Custody video series and Child Custody web page. For a list of all forms in the Guide & File interview format see the Guide & File page. Use this notice in a standby guardianship case for a minor. From here, he. Default -- The failure to appear, to defend, or to follow proper procedure in a lawsuit. Do NOT use this form for protective order cases or in final peace order cases in which the court denied/dismissed the request. (Compare Public Record or Confidential Record). Use this form to ask the court to award guardianship over an individual, regardless of the individuals age, who has a disability. Appellee -- A party against whom an appeal is taken. Those convicted of certain crimes are prohibited from providing healthcare services reimbursed by Medicare or from working for the generic drug industry. Use this form if a parent designated you as standby or alternate standby guardian of his/her minorchild(ren), has not revoked your authority, and you want your authority to last more than 180 days. Automatic restoration of civil rights is effective to remove federal gun dispossession,see Caron v. United States, 524 U.S. 308 (1998), but many other questions about the effect given the state relief mechanisms specified in 921(a)(20) and (a)(33)(ii) remain unresolved. Use this form to tell the court about a violation of an existing court order. Wrongful Detainer -- (formerly known as Forcible Entry and Detainer) A proceeding for regaining possession from someone who has wrongfully taken or refused to surrender possession of property. 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