Maryland (MD) — Expungement & Record Clearing
Yes, you can clear your criminal record in Maryland through expungement or shielding. Non-conviction records (acquittals, dismissals, nolle prosequi) can be expunged for free, and since October 2021, many are cleared automatically after 3 years. Certain misdemeanor and felony convictions are eligible for expungement under Criminal Procedure § 10-110, with waiting periods of 3–15 years and a $30 filing fee. Maryland also offers shielding under the Second Chance Act for 12 specific misdemeanor convictions at no cost. The 2025 Expungement Reform Act expanded eligibility, including for people with prior probation violations. Violent felonies, sex offenses, and most DUI convictions are not eligible. Below is the full guide with eligibility, step-by-step process, costs, timeline, and FAQ.
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Overview
Maryland offers two main paths to clear a criminal record: expungement, which removes court and police records entirely, and shielding under the Second Chance Act, which hides certain conviction records from public view. Non-conviction records (acquittals, dismissals, nolle prosequi) can be expunged, and since October 1, 2021, many are expunged automatically after 3 years. Certain misdemeanor and felony convictions are eligible for expungement under Criminal Procedure § 10-110, with waiting periods of 3 to 15 years depending on the offense. The Expungement Reform Act of 2025 expanded eligibility and removed barriers for people with prior probation violations.
Official term: Expungement (CP §§ 10-101 to 10-110) — Maryland uses both "expungement" (which removes records from court and police files) and "shielding" under the Second Chance Act (which hides records from public view but does not destroy them). These are distinct legal processes with different eligibility rules.
What can be cleared in Maryland, by record type
Checked against the statutes and official court or agency pages on . Informational only, not legal advice — the exact offense, sentence, dates and later cases decide whether a particular record qualifies.
Maryland uses two separate remedies: "expungement" and "shielding". Expungement (Md. Code, Criminal Procedure §§ 10-105, 10-107, and 10-110 for adult records; Courts & Judicial Proceedings § 3-8A-27.1 for juvenile records) completely removes a case from court and law-enforcement public inspection — the record is destroyed or moved to a separate secure area where access is denied to those without a legitimate statutory reason. Shielding (Maryland Second Chance Act, Criminal Procedure Title 10, Subtitle 3) does not eliminate a criminal record; instead, it removes court and police records of 12 eligible non-violent misdemeanor convictions from Maryland Judiciary Case Search and public view after a 3-year waiting period, while law enforcement and certain statutory agencies and employers retain access. Only one shielding petition may be granted in a person's lifetime.
Sources: Maryland Courts: Expungement (Adult) (How do I get my records expunged?); Maryland Courts: Shielding Criminal Records (How can I keep the public from seeing my criminal convictions?); Maryland Courts: Juvenile Record Expungement (What is Expungement?)
Arrest or charge with no conviction
Generally availableSome automatic relief- Remedy
- Automatic expungement after 3 years for post-October 1, 2021 non-convictions; petition expungement of non-convictions, PBJ, stet, and NCR dispositions (Form CC-DC-CR-072A / CC-DC-CR-072C; Crim. Proc. §§ 10-105, 10-105.1)
- Waiting period
- Automatic after 3 years for cases on or after Oct. 1, 2021 where all charges ended in acquittal, not guilty, dismissal, or nolle prosequi; immediate by petition if filing a General Waiver and Release (Form CC-DC-CR-072C / 072A); 3 years (or completion of probation, if later) for non-DUI Probation Before Judgment (PBJ) and stet
For cases concluded on or after October 1, 2021 where all charges resulted in acquittal, not guilty, dismissal, or nolle prosequi, the court automatically expunges the case after 3 years if the person takes no action. Anyone who wants an acquittal, not guilty, dismissal, or nolle prosequi expunged before 3 years have passed may file a petition (Form CC-DC-CR-072C, or Form CC-DC-CR-072A with a General Waiver and Release of legal claims). Cases ending in a stet or Not Criminally Responsible (NCR) for specified nuisance crimes may be expunged by petition 3 years after disposition (or earlier for stet on a motion showing good cause). Cases ending in Probation Before Judgment (PBJ), other than for DUI/DWI, may be expunged after probation is completed or 3 years after probation was granted, whichever is later, provided the person was not convicted of a new non-expungeable crime within 3 years of receiving the PBJ.
- Under the 'unit rule' (Crim. Proc. § 10-107), other than certain cannabis charges, if two or more charges (excluding minor traffic violations) arise from the same incident, all charges in the unit must be eligible for expungement
- A Probation Before Judgment (PBJ) cannot be expunged if the person was convicted of a new crime within 3 years of receiving the PBJ (unless the new conviction is itself eligible for expungement)
- PBJ for a DUI/DWI violation under Transportation Article § 21-902(a) or (b) requires a 15-year wait after completing probation
Sources: Maryland Courts: Expungement (Adult) (Filing Fees for Expungement — Form CC-DC-CR-072C); Maryland Courts: How to Expunge Court Records Brochure (Form CC-DC-CR-072BR, Rev. 10/2026, PDF) (Page 2, Form CC-DC-CR-072A; Page 2, Form CC-DC-CR-072A — PBJ and Stet; Page 1, Am I eligible? / Am I not eligible?)
Misdemeanor conviction
Limited- Remedy
- Petition expungement of listed misdemeanor convictions after 5, 7, or 15 years (Crim. Proc. §§ 10-105, 10-110; Form CC-DC-CR-072B); Maryland Second Chance Act shielding after 3 years for 12 listed misdemeanors (Form CC-DC-CR-148)
- Waiting period
- 5 years after completing the sentence (including supervision) for most listed misdemeanors under Crim. Proc. § 10-110; 7 years for 2nd-degree assault and common law battery; 15 years for domestically related crimes; 3 years for Second Chance Act shielding
Maryland allows expungement of guilty dispositions only for offenses listed in Criminal Procedure §§ 10-105 and 10-110 (shown on Judiciary Form CC-DC-CR-072G2), nuisance crimes, cannabis possession under Criminal Law § 5-601, and conduct that is no longer a crime. Under the REDEEM Act timelines, most listed misdemeanors under § 10-110 (such as disorderly intoxication, trespass, malicious destruction of property, misdemeanor theft, prostitution, CDS possession, and driving on a suspended license) may be expunged 5 years after completing the sentence, including any supervision. Common law battery and Second-Degree Assault (Criminal Law § 3-203) require a 7-year wait after completing the sentence, and domestically related convictions (Criminal Procedure § 6-233) require a 15-year wait. Separately, 12 listed non-violent misdemeanors can be shielded from public view 3 years after sentence completion under the Maryland Second Chance Act.
- Only misdemeanor offenses specifically enumerated in Criminal Procedure §§ 10-105 or 10-110 (or acts no longer a crime) can be expunged
- Unit rule: all charges (other than minor traffic offenses and certain cannabis charges) arising from the same incident must be eligible for expungement
- Cannot expunge a conviction while a defendant in an active criminal case (including jailable traffic violations)
- Outstanding restitution may result in denial of the expungement petition
- Second Chance Act shielding is limited to one petition per lifetime in one court/county and excludes domestically related crimes
Sources: Maryland Courts: How to Expunge Court Records Brochure (Form CC-DC-CR-072BR, Rev. 10/2026, PDF) (Page 1, When to File for Expungement of conviction); Maryland Courts: List of Expungeable Charges Under Criminal Procedure Article § 10-110 (Form CC-DC-CR-072G2, PDF) (Page 1, Opening rule; Page 10, 7-Year and 15-Year Charges); Maryland Courts: Shielding Criminal Records (Eligible convictions)
Felony conviction
Limited- Remedy
- Petition expungement of specifically listed felonies after 7 or 10 years (Crim. Proc. § 10-110; Form CC-DC-CR-072B); expungement after a Governor's pardon (Crim. Proc. § 10-105)
- Waiting period
- 7 years after sentence completion (including supervision) for CDS possession with intent to distribute (§ 5-602(2)) and 3rd-degree burglary (§ 6-204); 10 years after sentence completion for 1st/2nd-degree burglary (§§ 6-202(a), 6-203) and felony theft (§ 7-104); 15 years if domestically related; for other felonies, only after a Governor's pardon (petition must be filed within 10 years of the pardon); qualifying possession with intent to distribute cannabis: 3 years after sentence completion under § 10-110(c)(5)
Only a narrow statutory list of Maryland felony convictions can be expunged without a pardon under Criminal Procedure § 10-110: (1) Possession with intent to distribute or dispense a controlled dangerous substance (Criminal Law § 5-602(2)) and Third-Degree Burglary (Criminal Law § 6-204) are eligible 7 years after completing the sentence, including parole, probation, or mandatory supervision; and (2) First-Degree Burglary (Criminal Law § 6-202(a)), Second-Degree Burglary (Criminal Law § 6-203), and Felony Theft (Criminal Law § 7-104) are eligible 10 years after completing the sentence (15 years if any listed offense was domestically related). Any other felony conviction can be expunged only if the person first obtains a full pardon from the Governor (for a non-violent crime) and files the expungement petition within 10 years from the date the Governor signed the pardon. A distinct exception in § 10-110(c)(5) permits an eligible conviction for possession with intent to distribute cannabis under Criminal Law § 5-602 after 3 years from sentence completion; do not apply the general 7-year felony wait to that category.
- All felonies not listed in Criminal Procedure § 10-110 are ineligible unless pardoned by the Governor
- Unit rule: all non-traffic charges in the same case/incident unit must be eligible for expungement
- Active pending criminal case or new conviction during the statutory waiting period blocks expungement
Sources: Maryland Courts: List of Expungeable Charges Under Criminal Procedure Article § 10-110 (Form CC-DC-CR-072G2, PDF) (Page 10, 7-Year, 10-Year, and 15-Year Felony Lists); Maryland Courts: How to Expunge Court Records Brochure (Form CC-DC-CR-072BR, Rev. 10/2026, PDF) (Page 1, Pardon); Maryland General Assembly — Criminal Procedure § 10-110 (§ 10-110(c)(5))
DUI / DWI conviction
Limited- Remedy
- DUI/DWI convictions cannot be expunged; Probation Before Judgment (PBJ) for DUI/DWI under Transportation Article § 21-902(a) or (b) may be expunged 15 years after completing probation (Crim. Proc. § 10-105; Form CC-DC-CR-072A)
- Waiting period
- Not available for a DUI/DWI conviction; 15 years after completion of probation for a Probation Before Judgment (PBJ) under Transportation Article § 21-902(a) or (b)
A conviction (guilty disposition) for Driving While Under the Influence (DUI) or Driving While Impaired (DWI) under Transportation Article § 21-902 cannot be expunged or shielded in Maryland. However, if the court granted Probation Before Judgment (PBJ) for a violation of Transportation Article § 21-902(a) or (b), the person may petition to expunge the PBJ once 15 years have passed since the completion of probation (under a law that took effect October 1, 2024), provided the person was not convicted of a new non-expungeable crime within 3 years of receiving the PBJ and is not a defendant in an active criminal case.
- All guilty convictions for Driving While Intoxicated / Impaired or Driving While Under the Influence are permanently excluded from expungement
- PBJ for DUI/DWI requires a full 15 years after completion of probation (compared to 3 years for non-DUI PBJs)
Source: Maryland Courts: How to Expunge Court Records Brochure (Form CC-DC-CR-072BR, Rev. 10/2026, PDF) (Page 1, Am I eligible? / Am I not eligible?; Page 2, Use form CC-DC-CR-072A — DUI PBJ)
Drug possession conviction
Generally available- Remedy
- Petition expungement of cannabis possession (Crim. Law § 5-601 / § 5-601.1; Crim. Proc. § 10-105), non-cannabis CDS possession and paraphernalia after 5 years, and CDS possession with intent to distribute after 7 years (Crim. Proc. § 10-110; Form CC-DC-CR-072B); shielding after 3 years
- Waiting period
- Cannabis possession (§ 5-601): upon completion of sentence; non-cannabis CDS possession (§ 5-601) and paraphernalia (§ 5-619/5-620): 3 years after sentence completion for shielding, 5 years after sentence completion for expungement; CDS possession with intent to distribute (§ 5-602(2)): 7 years after sentence completion; qualifying possession with intent to distribute cannabis: 3 years after sentence completion under § 10-110(c)(5)
Maryland provides broad record clearing for drug offenses. Convictions for cannabis possession under Criminal Law § 5-601 (and civil cannabis citations under § 5-601.1) are eligible for expungement under Criminal Procedure § 10-105 after sentence completion, and cannabis possession charges are exempt from the unit rule that normally blocks expungement when another charge in the case is ineligible. Non-cannabis controlled dangerous substance (CDS) possession or administration (Criminal Law § 5-601) and drug paraphernalia offenses (§§ 5-619, 5-620) can be shielded after 3 years under the Second Chance Act and expunged 5 years after sentence completion under Criminal Procedure § 10-110. Felony possession with intent to distribute a controlled dangerous substance (Criminal Law § 5-602(2)) is eligible for expungement 7 years after completing the sentence. A distinct exception in § 10-110(c)(5) permits an eligible conviction for possession with intent to distribute cannabis under Criminal Law § 5-602 after 3 years from sentence completion; do not apply the general 7-year felony wait to that category.
- Other than qualifying cannabis charges, the unit rule requires all charges in the same incident unit to be eligible for expungement
- Active pending criminal case or new disqualifying conviction during the waiting period
Sources: Maryland Courts: How to Expunge Court Records Brochure (Form CC-DC-CR-072BR, Rev. 10/2026, PDF) (Page 2, I want to Expunge a Guilty Charge); Maryland Courts: List of Expungeable Charges Under Criminal Procedure Article § 10-110 (Form CC-DC-CR-072G2, PDF) (Page 3, Item (VIII) & Page 10, 7-Year Charges; Page 10, 7-Year Charges); Maryland General Assembly — Criminal Procedure § 10-110 (§ 10-110(c)(5))
Juvenile record
Limited- Remedy
- Petition expungement of juvenile delinquency, CINS, or citation records (Md. Code, Courts & Judicial Proceedings § 3-8A-27.1; Form JUV-11-506.1)
- Waiting period
- At least 18 years old and at least 2 years since the last official action in the juvenile record
Under Courts & Judicial Proceedings § 3-8A-27.1, a person may petition the juvenile court to expunge a juvenile delinquency, Child in Need of Supervision (CINS), or citation record if the person is at least 18 years old, at least 2 years have passed since the last official action in the juvenile record, the person has never been adjudicated delinquent more than once, has not been convicted of any offense since the juvenile case, has no pending delinquency petition or criminal charge, and has fully paid any court-ordered monetary restitution. Juvenile adjudications for an offense that would be a felony if committed by an adult, a crime of violence, a fourth-degree sexual offense, an offense involving a firearm in a crime of violence, or an offense requiring Maryland sex-offender registration cannot be expunged under this provision. In deciding the petition, the court considers the petitioner's best interests, stability in the community, and the safety of the public.
- Adjudicated delinquent more than once
- Adjudicated delinquent for an offense that, if committed by an adult, would be a felony, a crime of violence, or a fourth-degree sexual offense
- Required to register in Maryland as a sex offender, or adjudicated for an offense involving a firearm in a crime of violence
- Any subsequent criminal conviction since the juvenile case, or any pending delinquency petition or criminal charge
- Unpaid court-ordered monetary restitution in the delinquency case
Sources: Maryland Courts: How Can I Expunge My Juvenile Record? Brochure (PDF) (Page 2, I have a juvenile record. Can I file for expungement?); Maryland Courts: Juvenile Record Expungement (Who is Eligible?)
Filing and processing fees
There is no filing fee ($0) to expunge an adult case with a disposition of acquittal, not guilty, dismissal, Probation Before Judgment (PBJ), nolle prosequi, stet, no finding, or Not Criminally Responsible (NCR) (Forms CC-DC-CR-072A and CC-DC-CR-072C). For petitions to expunge eligible guilty convictions (Forms CC-DC-CR-072B and CC-DC-CR-072D), the court charges a nonrefundable $30 filing fee per case (not per charge), which may be waived for indigency by filing a Request for Waiver of Prepaid Costs (Form CC-DC-089). There is no filing fee ($0) to file a Second Chance Act shielding petition (Form CC-DC-CR-148) or a juvenile record expungement petition.
Sources: Maryland Courts: Expungement (Adult) (Filing Fees for Expungement); Maryland Courts: Shielding Criminal Records (Filing Fees for Shielding); Maryland Courts: Juvenile Record Expungement (Filing Fees)
Routes and conditions to check
- ✓Non-conviction dispositions: acquittal, dismissal, nolle prosequi, stet, not criminally responsible
- ✓Probation before judgment (PBJ), except DUI/DWI (15-year wait for DUI PBJ)
- ✓Nuisance crimes: public urination, panhandling, public drinking, vagrancy, loitering, sleeping in public (3-year wait)
- ✓Simple cannabis possession (no waiting period)
- ✓Most eligible misdemeanors under CP § 10-110: disorderly conduct, 2nd-degree assault, theft, drug possession, prostitution, bad checks, and others (5-year wait)
- ✓Common law battery and felony assault in 2nd degree (7-year wait)
- ✓Felony 3rd-degree burglary and CDS possession with intent to distribute (7-year wait)
- ✓Felony theft ($1,500+) and 1st/2nd-degree burglary (10-year wait)
- ✓Domestically related eligible offenses (15-year wait)
- ✓Offenses no longer classified as crimes (no waiting period)
- ✓Charges placed on the stet docket (3-year wait; removed from Case Search as of January 2026)
Exclusions and limits to check
- ✗Violent felonies not listed in CP § 10-110 (murder, rape, kidnapping, robbery, carjacking, etc.)
- ✗Sex offenses requiring registration
- ✗DUI/DWI convictions (only DUI PBJ eligible after 15 years)
- ✗Convictions not specifically listed in CP § 10-110
- ✗Persons currently a defendant in a pending criminal proceeding
- ✗Persons convicted of a new crime during the applicable waiting period (unless the new conviction is also eligible)
- ✗Cases where the "unit rule" applies: if one charge in a case is ineligible, related charges in the same unit are also ineligible
Waiting Periods
| Acquittal, dismissal, nolle prosequi (with waiver of tort claims) | Immediate |
| Acquittal, dismissal, nolle prosequi (without waiver) | 3 years after disposition |
| Stet (indefinite postponement) | 3 years after disposition |
| Probation before judgment (PBJ) | Longer of: end of probation or 3 years |
| PBJ for DUI/DWI | 15 years after discharge from probation |
| Cannabis possession conviction | No waiting period |
| Cannabis distribution with intent | 3 years after sentence completion |
| Nuisance crimes (urination, panhandling, vagrancy, etc.) | 3 years after sentence completion |
| Most eligible misdemeanors (disorderly conduct, theft, drug possession, etc.) | 5 years after sentence completion |
| 2nd-degree assault, common law battery, felony CDS with intent, 3rd-degree burglary | 7 years after sentence completion |
| Felony theft ($1,500+), 1st/2nd-degree burglary | 10 years after sentence completion |
| Domestically related eligible offenses | 15 years after sentence completion |
Step-by-Step Process
Determine eligibility
Review your criminal record to confirm your charges and dispositions are eligible under CP §§ 10-105 or 10-110. Check whether all charges in the same case ("unit") qualify — if one is ineligible, related charges may also be blocked. Confirm no pending criminal cases.
Obtain your criminal record
Request your criminal history from the Maryland Criminal Justice Information System (CJIS) or review your case on Maryland Judiciary Case Search. Note the case number(s), court, and disposition(s).
Complete the correct petition form
Use Form CC-DC-CR-072A for non-conviction dispositions (acquittal, dismissal, PBJ, nolle prosequi, stet, not criminally responsible). Use Form CC-DC-CR-072B for guilty dispositions. Forms are available on the Maryland Courts website or at any District or Circuit Court.
File the petition with the court
File in the court where your case was finally resolved. Include an extra copy for the State's Attorney and each law enforcement agency named in the petition. Pay the $30 filing fee for guilty dispositions (no fee for non-convictions). Request a fee waiver if needed.
Wait for State's Attorney review
The State's Attorney has 30 days to file an objection. If no objection is filed, the judge reviews and rules on the petition. If the State's Attorney objects, a hearing is scheduled.
Attend hearing (if required)
A hearing is only required if the State's Attorney objects. The judge considers your eligibility, public safety, rehabilitation, and whether expungement is in the interest of justice. For conviction expungements, the court also considers restitution payment.
Receive the court order and records are purged
If granted, the court issues an order of expungement. Government agencies then have up to 60 days to comply and remove the records from their systems, including the statewide CJIS database and the FBI's national database.
Automatic Expungement & Case Search Removal
Since October 1, 2021, Maryland automatically expunges certain non-conviction records without requiring a petition. As of January 31, 2026, the Expungement Reform Act also requires removal of stet cases and pardoned cannabis convictions from public Case Search after 3 years.
| Scenario | Timing and conditions |
|---|---|
| Arrest with no charges filed within 60 days | Automatic after 60 days; records destroyed after 3 years |
| Acquittal, not guilty, dismissal, or nolle prosequi (on or after Oct 1, 2021) | Automatic 3 years after disposition |
| Charges on the stet docket for 3+ years (as of Jan 2026) | Removed from public Case Search automatically |
| Pardoned cannabis possession convictions (as of Jan 2026) | Removed from public Case Search automatically |
Costs
- Filing fee
- $30 per case (guilty dispositions only; nonrefundable)
- Fee waiver
- Available for financial hardship — file a Request for Waiver of Prepaid Costs
- Attorney (optional)
- $500–$1,000+ typical range (optional but recommended for complex cases)
No filing fee for non-conviction dispositions (acquittal, dismissal, PBJ, nolle prosequi, stet, not criminally responsible). No filing fee for shielding petitions. Free legal help available through Maryland Legal Aid, Maryland Volunteer Lawyers Service, and Johns Hopkins Expungement Clinic.
Timeline
- With attorney
- 1–3 months
- Standard
- Up to 3 months (90 days)
The State's Attorney has 30 days to object, the judge then has 30 days to rule, and agencies have up to 60 days to comply with the order. If there is an objection and hearing, the process may take 4–6 months. Automatic expungement of non-conviction records takes 3 years from disposition.
Effects of the relief
- ✓Removes court and police records from public inspection — records are destroyed or sealed
- ✓Employers, educational institutions, and government agencies cannot require disclosure of expunged records
- ✓You can legally answer "no" when asked about criminal history on job and housing applications
- ✓Expunged records do not appear on most background checks
- ✓Removes barriers to employment, housing, and professional licensing
- ✓For shielding: records are hidden from Maryland Judiciary Case Search and public view
Limits of the relief
- ✗Does NOT guarantee restoration of firearm rights — the FBI does not recognize Maryland expungement for federal firearms purposes
- ✗Does NOT remove sex offender registration requirements (separate process required)
- ✗Does NOT affect immigration consequences — non-citizens should consult an immigration attorney before filing
- ✗Expunged records remain accessible to law enforcement for criminal justice purposes
- ✗Shielded records remain accessible to criminal justice agencies, certain licensed employers, child care organizations, and health occupations boards
- ✗Shielding is a one-time opportunity — you may only have one shielding petition granted in your lifetime
- ✗Does NOT expunge records from federal databases if the FBI does not recognize the state order
Other Relief Options in Maryland
Shielding (Second Chance Act)
Hides 12 specific misdemeanor convictions from public view (disorderly conduct, disturbing the peace, drug possession, trespass, driving without a license, driving on suspended license, driving while uninsured, malicious destruction of property, prostitution, and others). Requires 3-year wait after completing sentence. No filing fee. One-time opportunity per lifetime. File Form CC-DC-CR-148.
Governor's Pardon
Restores civil liberties lost due to conviction. Requires 5 years crime-free after sentence for misdemeanors, 7 years for felonies. Apply through the Maryland Parole Commission. A pardon does NOT expunge your record — you must petition the court separately for expungement after receiving a pardon.
Probation Before Judgment (PBJ)
If you received PBJ, the conviction was not entered on your record. PBJ records can be expunged after the longer of your probation period or 3 years. PBJ for DUI/DWI requires a 15-year wait.
Frequently Asked Questions
- How much does expungement cost in Maryland?
- For non-conviction records (acquittal, dismissal, PBJ, nolle prosequi, stet), there is no filing fee. For guilty dispositions, the filing fee is $30 per case (nonrefundable). Fee waivers are available for financial hardship. If you hire an attorney, expect to pay $500–$1,000 or more. Free legal help is available through Maryland Legal Aid, MVLS, and the Johns Hopkins Expungement Clinic.
- How long does expungement take in Maryland?
- The standard process takes about 90 days: the State's Attorney has 30 days to object, the judge has 30 days to rule, and agencies have up to 60 days to comply. If the State's Attorney objects and a hearing is held, it may take 4–6 months. Automatic expungement of non-conviction records (for cases after October 1, 2021) occurs 3 years after disposition.
- What is the difference between expungement and shielding in Maryland?
- Expungement removes court and police records entirely — the records are destroyed or sealed from public access. Shielding, under the Second Chance Act, hides records from public view (including Maryland Case Search) but does not destroy them. Criminal justice agencies, certain employers, and other authorized entities can still access shielded records. Expungement covers a broader range of offenses; shielding is limited to 12 specific misdemeanor convictions.
- Does Maryland have automatic expungement?
- Yes. Since October 1, 2021, cases where all charges resulted in acquittal, not guilty, dismissal, or nolle prosequi are automatically expunged after 3 years — no petition needed. Arrests with no charges filed are automatically expunged after 60 days. As of January 31, 2026, charges on the stet docket for 3+ years and pardoned cannabis convictions are also automatically removed from public Case Search.
- Can a felony be expunged in Maryland?
- Yes, but only specific felonies listed in Criminal Procedure § 10-110. Eligible felonies include 3rd-degree burglary (7-year wait), felony theft over $1,500 and 1st/2nd-degree burglary (10-year wait), and CDS possession with intent to distribute (7-year wait). Violent felonies such as murder, rape, robbery, and carjacking are not eligible. The court must find that expungement is in the interest of justice and that you are not a risk to public safety.
- What did the Expungement Reform Act of 2025 change?
- The Expungement Reform Act of 2025 (SB 432) made three major changes effective October 1, 2025: (1) it overrode the Abhishek appellate decision that had barred expungement for people with probation violations — courts now evaluate overall success in completing supervision; (2) it added driving without a license, bad checks, and stolen credit cards to the list of expungeable offenses; (3) as of January 31, 2026, the judiciary must remove stet cases (3+ years) and pardoned cannabis convictions from public Case Search.
- Does expungement restore gun rights in Maryland?
- Not reliably. While Maryland expungement removes records from state systems, the FBI has taken the position that Maryland expungement does not qualify as "expungement" under federal law because records remain available to law enforcement. This means you may still be prohibited from possessing firearms under federal law even after state expungement. A Governor's Pardon may provide additional relief, but even pardons may not fully restore federal firearms eligibility. Consult a firearms attorney for specific guidance.
- Can I expunge a DUI conviction in Maryland?
- No, a DUI or DWI conviction cannot be expunged in Maryland. However, if you received Probation Before Judgment (PBJ) for a DUI/DWI, you may petition for expungement 15 years after being discharged from probation. This is the only path to clearing a DUI from your record in Maryland.
Take Action — Direct Links
- Expungement Petition Form (Non-Conviction — CC-DC-CR-072A)
Official Maryland Courts petition form for expungement of non-conviction records (acquittal, dismissal, PBJ, nolle prosequi, stet, not criminally responsible).
- Request Your Criminal Record (DPSCS Background Check)
Maryland Department of Public Safety and Correctional Services — request your criminal history through the CJIS Central Repository via fingerprint-based background check ($18 state check).
- Free Legal Help — Maryland Legal Aid
Maryland Legal Aid provides free legal assistance for expungement to financially eligible individuals — apply online, call 1-888-465-2468, or visit a free legal clinic.
- Maryland Courts — Expungement Self-Help
Maryland Courts official expungement self-help page — eligibility information, all petition forms (072A, 072B, 072C), filing instructions, and instructional video series.
- Criminal Procedure § 10-105 — Full Statute Text
Full text of Maryland Criminal Procedure § 10-105 (Expungement of record after charge is filed) — the primary expungement statute for non-conviction dispositions.
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