State of Maryland

IN THE

DISTRICT COURT OF MARYLAND

FOR MONTGOMERY COUNTY

v.
William Hoge

Case No. 1D00291915

MOTION TO VACATE EXPUNGEMENT

COMES NOW William John Joseph Hoge and moves this Court vacate the
expungement of the above captioned matter. In support of the motion Mr. Hoge
states as follows:
THIS CASE WAS EXPUNGED WITHOUT MR. HOGES KNOWLEDGE OR CONSENT
1.

This case is based on an Application for Statement of Charges filed by

Brett Kimberlin on or about 30 July, 2013. The Montgomery Count States

Attorneys Office entered a nolle prosequi and asked that the charge be expunged on
or about 13 August, 2013. Mr. Hoge received no notice of the request for
expungement. If Mr. Hoge had been aware of the request, he would have opposed it
because he believed that Brett Kimberlin had engaged in malicious prosecution, and
Mr. Hoge wished to keep his option open for a lawsuit. On 15 August, 2013, this
Court expunged the charge.
2.

Mr. Hoge has previously sought access to the charging document and

has received a copy from the Clerk of the Court. However, he now wishes the
expungement to be vacated so that the can be no question raised about the use of
the case record as evidence in an ongoing lawsuit alleging malicious prosecution

against Brett Kimberlin. Hoge v. Kimberlin, et al., Case No. 06-C-16-070789 (Md.
Cir.Ct. Carroll Co. 2016). Kimberlins perjured Application for Statement of
Charges is the basis for the allegation of malicious prosecution.
3.

As Judge Wolfe noted during the 18 August, 2016, hearing vacating

the expungement of a related case, State v. Walker, Case No. 0D00291914, the
request for expungement by the States Attorney was unusual in a case where there
was no problem such as mistaken identity. Indeed, Judge Wolfe stated that
expungement without Mr. Walkers consent was sufficient reason to vacate the
expungement. Mr. Hoge urges the Court to dispose of this case in a similar manner
as State v. Walker.
CONCLUSION
WHEREFORE, Mr. Hoge asks the Court to vacate the expungement of State v.
William Hoge, Case No. 1D00291915, and for such other relief as the Court may
deem just and proper.
Date: 22 August, 2016

Respectfully submitted,

William John Joseph Hoge, pro se

20 Ridge Road
Westminster, Maryland 21157
(410) 596-2854
himself@wjjhoge.com

CERTIFICATE OF SERVICE
I certify that on 22 August, 2016, I served a copy of the foregoing by First
Class U.S. Mail on the Montgomery County States Attorneys Office, 50 Maryland
Avenue, 5th Floor, Rockville, Maryland 20850.

William John Joseph Hoge

AFFIDAVIT
I, William John Joseph Hoge, solemnly affirm under the penalties of perjury
that the contents of the foregoing paper are true to the best of my knowledge,
information, and belief.
Date: 22 August, 2016
William John Joseph Hoge