Which records can be expunged?
Usually, the verdict or outcome of your case determines whether specific records can be expunged. It does not matter whether your case was a misdemeanor or a felony. Possible outcomes include dispositions other than guilty (including not guilty, dismissed, PBJ, etc.) or a guilty verdict.
Expungement Series: Favorable Disposition from the Maryland Courts
Expungement Series: Probation Before Judgment from the Maryland Courts
|
Generally, you may file for expungement of records relating to a criminal charge if the case ended with: |
|
|
Not Guilty |
You were acquitted (found not guilty) |
|
Dismissed |
Your charge was dismissed |
|
PBJ |
You received Probation Before Judgment (except for certain alcohol-related driving offenses) |
|
Nolle Prosequi |
A Nolle Prosequi (“Noll Pros”) was entered in your case (This is when the prosecutor decides to drop the case either before or during trial.) |
|
Stet |
Your case was placed on the “stet docket” (indefinitely postponed) |
|
Moved to Juvenile Court |
Your case was started in adult court but was moved to juvenile court. If you were initially charged as an adult and your case was transferred to juvenile court, you have two records—a criminal record and a juvenile record. There is a different procedure to follow to expunge a juvenile record. |
|
Not Criminally Responsible |
You were found Not Criminally Responsible for one of these charges:
|
- There are certain exceptions where your record may not be expunged.
- Some records are automatically expunged after 3 years. Learn more.
- Be aware of the Unit Rule and how it may affect your request for an expungement.
- Cannabis possession convictions may be expunged immediately. Learn more.
Guilty Verdict
If you were found guilty of a crime, Maryland law allows certain criminal convictions to be expunged after satisfactory completion of the sentence, including parole, probation or mandatory supervision. When you can file for expungement varies based on the crime for which you were convicted.
Nuisance crime convictions may be expunged after 3 years
If you were found guilty of a public nuisance crime under Criminal Procedure 10-105(a)(9), you can request an expungement no less than 3 years after the guilty conviction or the satisfactory completion of the sentence, including probation, whichever is later. Nuisance crimes include:
- urination or defecation in a public place,
- panhandling or soliciting money,
- drinking an alcoholic beverage in a public place,
- obstructing the free passage of another in a public place or a public conveyance,
- sleeping on or in park structures, such as benches or doorways,
- loitering,
- vagrancy,
- riding a transit vehicle without paying the applicable fare or exhibiting proof of payment, or
- certain other transportation charges (Md. Code, Transportation § 7-705).
Read the law: Md. Code, Criminal Procedure, § 10-105(a)(9)
Cannabis possession, with intent to distribute convictions may be expunged after 3 years
If you were found guilty of possession of cannabis with intent to distribute (Md. Code, Criminal Law § 5-602), you may request an expungement no less than 3 years after the satisfactory completion of the sentence, including probation.
Read the law: Md. Code, Criminal Procedure, § 10-110(c)(5)
Certain misdemeanor convictions may be expunged after 5 years
If you were found guilty of one of these charges you may request an expungement no less than 5 years after the guilty conviction or the satisfactory completion of the sentence, including probation, whichever is later:
- disorderly intoxication,
- possessing a controlled dangerous substance (CDS),
- use or possession of drug paraphernalia,
- unauthorized manufacturing, distributing, or dispensing of a CDS by certain authorized providers (such as medical professionals),
- certain burglary, trespass, and other property crimes,
- breaking and entering a motor vehicle,
- general theft (Md. Code, Criminal Law § 7-104),
- littering and illegal dumping, or
- disturbing the peace and disorderly conduct.
Read the law: Md. Code, Criminal Procedure, § 10-110(c)(1)
Certain assault and battery convictions may be expunged after 7 years
If you were found guilty of second degree assault, or common law battery, you may request an expungement no less than 7 years after the guilty conviction or the satisfactory completion of the sentence, including parole, probation, or mandatory supervision.
Read the law: Md. Code, Criminal Procedure, § 10-110(c)(2)
Certain burglary and theft convictions may be expunged after 10 years
If you were found guilty of burglary in the first or second degree, or of theft under the general theft provisions, you may request an expungement no less than 10 years after the guilty conviction or the satisfactory completion of the sentence, including parole, probation or mandatory supervision.
Read the law: Md. Code, Criminal Procedure, § 10-110(c)(6)
Certain domestically related crime convictions may be expunged after 15 years
If you were found guilty of a domestically related crime, you may request an expungement no less than 15 years after the guilty conviction or the satisfactory completion of the sentence, including parole, probation or mandatory supervision.
Read the law: Md. Code, Criminal Procedure, § 10-110(c)(3)
Certain DUI/DWI related charges may be expunged after 15 years
If you received probation before judgment (PBJ) for a charge of driving while under the influence (DUI) of alcohol or driving while impaired (DWI) by alcohol, you may request and expungement 15 years after the date you were discharged from probation.
You are not entitled to expungement if you have (1) been convicted of a crime (other than a minor traffic violation or a crime where the act on which the conviction is based is no longer a crime) or (2) received PBJ for a subsequent DUI or DWI violation during the 15 years since the original DUI/DWI charge.
Read the law: Md. Code, Criminal Procedure, § 10-105(c)(2)(ii), 10-105(e)(4)(ii)
NOTE: This is not an exhaustive list. For a complete list of crimes eligible for expungement please see this page.
Expungement Series: Guilty Disposition from the Maryland Courts
Exceptions: Are there situations where you CANNOT file for expungement?
In certain cases, you generally cannot get records expunged.
If you received a PBJ, and you were later convicted of a new crime within 3 years of the PBJ, you cannot get the PBJ case expunged. However, if the new conviction was for a minor traffic violation or for an action that is now no longer a crime, the new conviction will not prevent you from getting the PBJ expunged.
You cannot file for expungement of any records if you currently have criminal proceedings pending against you.
If you are convicted of a crime during the waiting period, you are not eligible for expungement unless the subsequent conviction becomes eligible for expungement.
You cannot get a PBJ expunged if the PBJ was for certain alcohol related driving offenses (Md. Code, Transportation § 21-902 OR Criminal Law §§ 2-503, 2-504, 2-505, or 2-506, or former Article 27, § 388A or § 388B).
A court has no authority to expunge aliases or grant an expungement in cases of identity theft.
The Unit Rule
If you were charged with more than one offense based on the same incident, transaction, or set of facts, you can only have records from that case expunged if ALL the charges from that incident are eligible for expungement.
For example, a person might be charged with three separate offenses based on the same incident. The person might be convicted of one of the three charges, and have the other two charges dropped. If the conviction is not expungeable, the person will not be able to expunge the records from the two charges that were dropped either.
The only exceptions to the Unit Rule are minor traffic violations and cannabis possession. No matter what happens with the minor traffic violation or cannabis possession, even if you are convicted of it, it will not affect your ability to get the other related records expunged.
Read the law: Md. Code, Criminal Procedure 10-107