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 a criminal record can impact everyday life long after serving time or paying fines. Having a clean record can make it easier to move on, rebuild your reputation, and pursue new opportunities.
If you have a criminal record, it is always a good idea to learn more about expungement and the steps you may need to take to determine whether you qualify.
What Is Expungement in Maryland?
Expungement is the legal removal of eligible criminal records from public access. Once a record is expunged, it generally cannot be seen by employers, landlords, or members of the public during background checks. While some government agencies may still retain limited internal records, expungement can significantly reduce the impact a criminal case has on daily life.
Maryland law allows expungement in many situations, and recent reforms expanded eligibility and reduced barriers that previously prevented some people from clearing their records. Whether a case qualifies still depends on how it ended and whether any required waiting periods have passed.
Cases Eligible for Immediate Expungement
Certain outcomes allow individuals to seek expungement without waiting. These include:
- Not guilty verdicts or acquittals, where all charges were resolved in the defendant’s favor
- Dismissed charges, meaning the case was dropped by the court or prosecutor
- Nolle prosequi, when the prosecutor formally declines to proceed
- Stet docket cases, which are indefinitely postponed
- Probation before judgment (PBJ), in many circumstances, after probation is completed
- Findings of not criminally responsible (NCR) for minor nuisance offenses
- Certain cannabis possession convictions, which may now qualify under updated Maryland laws
Seeking expungement as soon as you are eligible can prevent unnecessary barriers to employment, housing, and other opportunities. In some cases, recent reforms also remove qualifying cases from public case search even before expungement occurs.
Expungement After a Guilty Verdict in Maryland
When a case results in a conviction, Maryland law typically requires a waiting period before expungement is allowed. These timeframes begin only after all sentence requirements—such as incarceration, probation, or parole—are fully completed.
Under recent expungement reforms, some waiting periods have been shortened, and expungement may be allowed even after certain probation violations that previously disqualified a case.
Common waiting periods include:
- Three years for minor public nuisance offenses and certain cannabis-related convictions
- Five years for select misdemeanors, including some drug possession and property crimes
- Seven years for second-degree assault or common law battery
- Ten years for serious theft-related offenses and burglary
- Fifteen years for DUI or DWI cases resolved by probation before judgment, provided no new alcohol-related convictions occur
If a new conviction occurs during the waiting period, eligibility for expungement may be lost. Because the rules are strict, reviewing your record carefully is essential.
How the Maryland Expungement Process Works
Although every case is different, the expungement process generally follows these steps:
- Determine eligibility: Your criminal record must be reviewed to confirm that the case outcome qualifies for expungement and that any required waiting period has passed.
- Complete and file the petition: A Petition for Expungement must be filled out and filed with the appropriate Maryland court, along with any required documentation.
- Pay the filing fee or request a waiver: A filing fee is typically required, but individuals with limited income may apply for a fee waiver.
- Prosecutor review: After the petition is filed, the prosecutor has a specific period of time to object to the expungement request.
- Court decision: If no objection is filed, or if the court overrules an objection, a judge will decide whether to grant the expungement.
- Notification of agencies: When expungement is approved, the court directs law enforcement agencies and other state departments to remove the record from public view.
Although the steps are similar in most cases, individual circumstances can affect how the process applies. Reviewing your situation carefully before filing can help avoid delays or denials.
Why Legal Guidance Matters for Expungement
Even small errors in eligibility or filing can delay or derail an expungement request. Criminal records often involve details that are easy to miss without legal experience, including:
- Eligibility issues: Filing too early or misunderstanding whether a case qualifies for expungement can result in denial.
- Multiple or overlapping cases: Criminal records may include more than one charge or case, each with different outcomes and timelines.
- Procedural mistakes: Errors in paperwork, filing with the wrong court, or missing deadlines can slow the process.
- Hidden exceptions: Certain convictions or case outcomes may include exceptions that affect eligibility and are not always obvious.
Working with a criminal defense attorney can help ensure the expungement process is handled correctly and efficiently from the start.
Contact the Criminal Defense Lawyers at Alpert Schreyer Criminal Defense Attorneys for a Free Consultation
Clearing a criminal record can open doors that may have felt permanently closed. If you are considering expungement in Maryland, legal guidance can help you understand your options and next steps.
For more information, contact an experienced criminal defense lawyer at Alpert Schreyer Criminal Defense Attorneys to schedule a free consultation today.
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
Available 24/7
Alpert Schreyer Criminal Defense Attorneys Waldorf
8 Post Office Rd, Waldorf, MD 20602
(301) 857-4771