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  1. #1
    Join Date
    Jun 2013
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    5

    Default Rental Application Asks About Criminal History

    My question involves criminal records for the state of: Maryland

    32 months ago, I received a criminal citation from a police officer for a misdemeanor violation of the Baltimore City Code, falling under the rubric of disorderly conduct. I was never arrested. A month later, I later received a summons in the mail, retained a lawyer, and on my court date, the State's Attorney entered nolle prosequi. The next day, I filed a request for expungement with the court clerk's office. That was 30 months ago.

    The record of my case has since been removed from the Maryland Courtsearch Database. It was removed two years after I filed for the expungement and I never received any notification of any kind from either the court or any of the law enforcement agencies involved. Until yesterday, when my former roommate e-mailed me to say that she had received a letter to me from the Baltimore Police Expungements division. I asked her to open the letter, but as of yet have not heard what it contains. I expect it will contain a certificate of compliance verifying that my record has been expunged.

    At the same time, I am currently making an application for a new apartment (also in Baltimore). The rental application includes a criminal background check. It asks the question "Have you ever been convicted of a crime?" and provides a small space beneath the line "If yes, please explain." In the small print, it says, "I hereby affirm that my answers to the foregoing questions are true and correct and that I have not knowingly withheld any fact or circumstance which would, if disclosed, affect my application unfavorable."

    So my question is whether I should respond "No" to the question and provide no further detail or respond "No" and simply say:

    I was charged with a misdemeanor crime thirty-two months ago via criminal citation. I was never arrested. The case was disposed nolle prosequi, and I have filed for an expungement (or that I have received an expungement, depending on the contents of the letter).

    What is the legal opinion? The ethical opinion? The strategic opinion?

    My understanding is that I am not legally required to disclose anything or explain anything. But that does not mean a failure to disclose would not result in a failed rental application, since landlords have considerably more leeway in this area than employers. If the charge had been expunged, there should be no record of it, so failing to disclose would not raise any eyebrows. But that is also assuming that a record doesn't exist in any privately held database, as opposed to a publicly maintained database.

    Ethically, I know I am not lying when I say that I have never been convicted of a crime, so have no guilt about it. But would a potential landlord view that differently?

    The strategic option seems to be to disclose, but then I'd worry that something as small as that in reality could affect my application, especially if there were other offers on the apartment. Am I correct in assuming that a landlord can pretty much deny my application over this no matter what I do?

    I really just want this to go away...

    Thanks all.

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Disclosure on a Rental Application, Maryland

    if there was an order of nolle prosequi, then you could not have been convicted of the crime. Why would you even consider answering yes give the nolle prosequi?



  3. #3
    Join Date
    Jun 2013
    Posts
    5

    Default Re: Disclosure on a Rental Application, Maryland

    I'm not considering answering "yes," I'm considering answering "no" and including a note just to say "if you do a check, you may find a charge" to pre-empt allegations of dishonesty.

    Though I will mark you down as a firm vote in favor of "no disclosure, no explanation."

    EDIT: Removed a stupid question after noticing your signature.
    SECOND EDIT: Also, thanks for the quick reply! I appreciate it.

  4. #4
    Join Date
    Jan 2008
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    Toledo, OH
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    16,307

    Default Re: Disclosure on a Rental Application, Maryland

    Though I will mark you down as a firm vote in favor of "no disclosure, no explanation."
    Add another. You were not convicted. Anything else is none of the landlord's business.

  5. #5
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    Jun 2013
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    Default Re: Disclosure on a Rental Application, Maryland

    Thank you as well for the quick reply. So far I am hearing what I want to hear. But I am still concerned about the small print, wherein I am asked to affirm that I have not "withheld" any information that would be "unfavorable." Those are broad terms. What is the definition of "withheld" in this circumstance? Does the space for explanation provided constitute an invitation to notify of something that is not explicitly requested?

  6. #6
    Join Date
    Oct 2006
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    16,474

    Default Re: Disclosure on a Rental Application, Maryland

    Quote Quoting aloatc
    View Post
    Thank you as well for the quick reply. So far I am hearing what I want to hear. But I am still concerned about the small print, wherein I am asked to affirm that I have not "withheld" any information that would be "unfavorable." Those are broad terms. What is the definition of "withheld" in this circumstance? Does the space for explanation provided constitute an invitation to notify of something that is not explicitly requested?
    Now you have a third vote for no disclosure, no explanation.

  7. #7
    Join Date
    Mar 2013
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    18,340

    Default Re: Disclosure on a Rental Application, Maryland

    Quote Quoting aloatc
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    But I am still concerned about the small print, wherein I am asked to affirm that I have not "withheld" any information that would be "unfavorable." Those are broad terms.
    Two things.

    1 - You were not convicted so you can answer "no." That's legal, ethical, and moral.

    2 - A landlord can refuse to rent to you for any reason that isn't prohibited by law (fair housing, discrimination, etc). His application might imply that he is only concerned with criminal "convictions" but that wouldn't stop him from favoring somebody who has never been arrested over somebody who has been arrested even if not convicted.

    And you're right. "Withheld" and "unfavorable" are very broad and subjective and what count's is what they mean to the landlord.

    Quote Quoting aloatc
    View Post
    What is the definition of "withheld" in this circumstance?
    It's what the landlord says it is.

    Quote Quoting aloatc
    View Post
    Does the space for explanation provided constitute an invitation to notify of something that is not explicitly requested?
    Again, what that space is for is in the landlord's mind, so there's really no way to answer it.

    Here's an idea:

    Call up the landlord or property manager and ask if he wants you to put down the details of a misdemeanor for which you weren't prosecuted.

    If you don't want to do that you just roll the dice and say "no."

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