Learn how Maryland expungement works, who qualifies, what records can be cleared, and how to file your petition to get a fresh start after a criminal charge.
What Is Expungement in Maryland?
Expungement is the legal process of removing records of an arrest, charge, or conviction from public access. Once a record is expunged in Maryland, you can legally deny that the arrest or charge ever occurred on most applications — including employment, housing, and licensing applications.
Expungement does not physically destroy records in all cases — some law enforcement agencies and courts may retain sealed copies — but it removes them from public view and most background checks.
Maryland expungement law is primarily governed by Maryland Criminal Procedure §§ 10-101 through 10-112.
The law has expanded significantly in recent years, with the 2021 Equitable Justice Act and subsequent reforms broadening eligibility for thousands of Marylanders.
What Records Can Be Expunged?
Charges That Did Not Result in Conviction
If your case ended in any of the following ways, you are generally eligible to petition for expungement:
- Acquittal (found not guilty)
- Charges dismissed
- Nolle prosequi (prosecution dropped charges)
- Stet docket (case postponed and not reactivated) — after a 3-year waiting period
- Probation Before Judgment (PBJ) — after a 3-year waiting period from end of probation Certain Convictions Maryland now allows expungement of some convictions, including:
- Minor convictions where the maximum penalty does not exceed 90 days (after 3-year waiting period)
- Convictions for conduct no longer a crime in Maryland (e.g., marijuana possession under legalized amounts)
- Second-degree assault convictions — after a 7-year waiting period from conviction or completion of sentence
- Marijuana-related convictions from before legalization — eligible under the marijuana expungement provisions According to Maryland Courts, eligible individuals must file a petition with the court where the case was heard.
Records That CANNOT Be Expunged
Not all records are eligible. As of current Maryland law, you cannot expunge:
- DUI/DWI convictions (even those resolved by PBJ)
- DUI/DWI PBJ dispositions
- Convictions for crimes with a maximum penalty exceeding 3 years (with limited exceptions)
- Crimes of violence as defined by Maryland law (robbery, rape, assault in the first degree, etc.)
- Sex offenses that require registration on the sex offender registry If your offense falls into one of these categories, Maryland's shielding law (see below) may provide a partial alternative.
Maryland's Shielding Law: A Second Option
For records that do not qualify for expungement, Maryland's shielding law — enacted in 2021 — allows courts to "shield" certain conviction records from public view, though law enforcement and some government agencies retain access.
Shielding is available for:
- Certain misdemeanor convictions after a 3-year waiting period
- Non-violent offenses where the person has completed their sentence While shielding is not as comprehensive as expungement, it can significantly improve your ability to pass background checks for employment and housing.
Waiting Periods for Expungement
The waiting period before you can file for expungement depends on how your case resolved:
| Disposition | Waiting Period |
|---|---|
| Acquittal, dismissal, nolle prosequi | No waiting period (immediate) |
| Stet docket | 3 years after stet entry |
| PBJ (non-DUI) | 3 years after end of probation |
| Minor conviction (max ≤ 90 days) | 3 years after conviction or release |
| Second-degree assault conviction | 7 years after conviction or release |
| Marijuana conviction (pre-legalization) | Varies — consult an attorney |
How to File for Expungement in Maryland
The expungement process in Maryland involves several steps:
Step 1: Confirm Eligibility
Review your case outcome, charge type, and the applicable waiting period. If you are unsure, an attorney can review your record and advise you.
Step 2: Obtain Your Case Information
You will need the case number, the court where the case was heard, and the exact charges. You can access this through Maryland Case Search.
Step 3: Complete the Petition
Download and complete the Maryland Petition for Expungement (Form CC-DC-PBJ-004) available from Maryland Courts.
Step 4: File the Petition
File the completed petition with the court where the case was heard. A filing fee of $30 applies in most cases (there is no fee for acquittals or certain dismissals).
Step 5: Serve the State's Attorney
You must serve a copy of your petition on the State's Attorney's Office in the jurisdiction where the case was filed. They have 30 days to file an objection.
Step 6: Court Review
If no objection is filed, the court will typically grant the expungement. If an objection is filed, a hearing will be scheduled.
Step 7: Compliance by Agencies
Once granted, courts and law enforcement agencies typically have 60 days to remove the records from their files.
What Happens After Expungement
Once your record is expunged, you may legally state that you were not arrested or charged with a crime on most applications. However, there are exceptions:
- You must still disclose an expunged record when applying for certain law enforcement or government security clearance positions
- Federal agencies may retain records even after state expungement
- An expunged record may be considered in future criminal sentencing According to People's Law Library of Maryland, it is important to understand exactly what expungement does — and does not — cover before making any disclosures.
FAQ
How long does expungement take in Maryland?
The process typically takes 90 to 120 days from filing the petition to final resolution, assuming no objections are filed. Complex cases or those with objections take longer.
Can I expunge a DUI conviction in Maryland?
No. DUI convictions and DUI PBJ dispositions are specifically excluded from Maryland's expungement laws. A shielding petition may be available in some circumstances.
Do I need a lawyer to file for expungement in Maryland?
A: You can file on your own, but an attorney can ensure the petition is properly completed, confirm your eligibility, and handle any objections from the State's Attorney's Office.
Q: What is the difference between expungement and shielding in Maryland?
A: Expungement removes the record from public access entirely. Shielding restricts public access but allows law enforcement and some government agencies to still view the record.
Q: If my record is expunged, can employers still find it?
A: After a successful expungement, the record should not appear on most commercial background checks.
However, certain government security clearance investigations may still uncover the record.
Speak with a Maryland criminal defense attorney today. Expungement can open doors that a criminal record has closed — to better jobs, housing, and opportunity. Find out if you qualify and start the process now.
