Expungement in Maryland is the legal process that allows someone to remove certain criminal records from public view. Many people don’t realize how much their record can impact everyday life, long after serving time or paying fines. Having a clean record makes it easier for defendants to move on and rebuild their lives and reputations.
If you have a criminal record, it’s always a good idea to learn more about expungement and what steps you need to take to make this happen for you.
Cases Eligible for Immediate Expungement
In Maryland, there are some types of cases that can be expunged right away:
- Not guilty verdict: If the court finds you not guilty or acquits you of all charges, you may be able to seek expungement right away.
- Dismissal: If the charges against you were dropped, you can usually request expungement immediately.
- Probation before judgment (PBJ): Expungement is typically available right after probation if you received PBJ
- Nolle prosequi (“noll pros”): If the prosecutor voluntarily dropped, or “noll-prossed,” your case, immediate expungement may be possible.
- Stet docket: Cases placed on the stet docket, which are basically put off indefinitely, may be expunged right away.
- Not criminally responsible (“NCR”) for minor offenses: You can generally expunge very minor nuisance crimes, like public urination, loitering, or panhandling, if the finding was not criminally responsible.
- Cannabis possession convictions: Many cannabis possession convictions can be immediately expunged now under updated Maryland laws.
Filing right away means you won’t have to live with a criminal record that could hold you back from jobs, housing, and other opportunities any longer than necessary.
Expungement After a Guilty Verdict
If you were convicted of a crime in Maryland and want to clear your record, you generally must follow strict waiting periods. These timelines usually start only after you finish your full sentence, including any probation or parole. How long you wait before filing for expungement depends on the specific conviction:
Public Nuisance Crimes
For minor offenses like public drinking, loitering, or fare evasion, you must usually wait three years after finishing your sentence before you can request expungement.
Cannabis Possession with Intent to Distribute
These convictions also generally carry a three-year waiting period once you complete your sentence.
Certain Misdemeanors
If you were convicted of offenses such as disorderly conduct, drug possession, minor theft, or most property crimes, you typically must wait five years.
Second Degree Assault/Common Law Battery
A seven-year waiting period usually applies for these convictions before filing is allowed.
Burglary (First or Second Degree) and General Theft Charges
You may need to wait 10 years for serious property crimes such as burglary in the first or second degree and general theft charges.
DUI/DWI (PBJ Cases Only)
For DUI and DWI cases resolved by probation before judgment, the waiting period is typically 15 years, but you must also have no new alcohol-related convictions during that time.
If you’re convicted of a new offense during the waiting period, or if you get a second PBJ for DUI/DWI within that time, you may lose your eligibility to expunge the conviction.
The Expungement Process in Maryland
If you’re planning to file for an expungement, it’s helpful to understand the process.
Here’s an overview:
- Determine eligibility: Work with an attorney to review your record and confirm you’re eligible for expungement.
- Complete and file petition: Fill out a Petition for Expungement and submit it to the correct Maryland courthouse, along with any required attachments.
- Pay filing fee: Pay the standard filing fee, or if you have limited income, you can apply for a waiver so you’re not prevented from filing an expungement because of cost.
- Prosecutor review: After you file, the local prosecutor will review your petition and can raise concerns or formally object within a certain timeframe.
- Court decision: A judge looks at all the information, any prosecutor objections, and then makes a decision either granting or denying your expungement request.
- Notifying state agencies: If your expungement is granted, the court directs relevant agencies and departments to erase your record from public view.
These steps are typical of most expungements, but an attorney can help you understand the process as it applies to your specific case.
Contact Our Waldorf Criminal Defense Attorneys at Alpert Schreyer Criminal Defense Attorneys for a Free Consultation
Ultimately, the best way to get a case expunged is to work with a criminal defense lawyer. They can go over the facts of your case with you and give you context for how this process applies to your situation. Contact Alpert Schreyer Criminal Defense Attorneys today to schedule a free consultation.
For more information, contact Alpert Schreyer Criminal Defense Attorneys to schedule a confidential consultation with a criminal defense attorney. Our team is available to assist clients in Lanham, Frederick, Rockville, and Waldorf.
We proudly serve Prince George’s County, Frederick County, Montgomery County, Charles County and the surrounding areas. Visit our law offices at:
Alpert Schreyer Criminal Defense Attorneys Lanham
4600 Forbes Blvd Ste 201 Lanham, MD 20706
(301) 262-7005
Available 24/7
Alpert Schreyer Criminal Defense Attorneys Frederick
25 E Patrick St #200 Frederick, MD 21701
(301) 381-1993
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Alpert Schreyer Criminal Defense Attorneys Rockville
11140 Rockville Pike 550-J Rockville, MD 20852
(301) 364-3195
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Alpert Schreyer Criminal Defense Attorneys Waldorf
8 Post Office Rd, Waldorf, MD 20602
(301) 857-4771