Expungement

WHAT IS EXPUNGEMENT?

Expungement removes the information about a criminal offense from court and law enforcement records. It usually applies to records that did not result in a conviction, although some convictions will qualify.  In order to do this, a petition must be filed with the court where the crime occurred.

A  judge must determine whether or not the petition can be granted.  But your case must meet certain conditions and a timeline first.

Time passed begins counting AFTER you complete your sentence (including probation) or court-ordered treatment.

WHY IS EXPUNGEMENT IMPORTANT?

There are many benefits to getting your criminal record expunged.  Regardless of how much you have changed, and how much you are working to put your past behind you, your criminal record remains as a blemish that will create a barrier when seeking employment, housing, credit, or continuing your education.  Although the process can be lengthy and somewhat daunting, it is well worth the effort.  And we are here to help you.

CAN I HAVE A CONVICTION EXPUNGED?

For most offenses, no – if you have been convicted (found guilty), the records about that charge usually cannot be expunged. 

There are some exceptions, so be sure to read all the information given here carefully to determine if you have records that can be expunged.  It’s worth the time you’ll invest.

REDEEM ACT OF 2023

The REDEEM Act of 2023 (SB 37) will significantly reduce the waiting period for several eligible expungements. This new law could cut waiting times in half for eligible misdemeanors, reducing the wait from ten years to five. However, you must satisfy the sentence(s) imposed for all convictions you wish to expunge.

CAN A FELONY CHARGE BE EXPUNGED?

In general, the outcome or disposition of your case will determine whether a specific record can be expunged or not.

It doesn’t matter if your charge was a misdemeanor or a felony.

WHAT RECORDS CAN BE EXPUNGED?

In general – you are likely to be able to file for expungement of a record relating to a criminal charge if the case ended with the following and you have satisfied the waiting period requirement:

Not Guilty – You were acquitted or found not guilty

Dismissed – Your charge was dismissed

PBJ  – You received Probation Before Judgement (except for certain alcohol related driving offenses)

Nolle Prosequi (Noll Pros)  – A Nolle Prosequi was entered in your case.  This happens when the prosecutor decides to drop the case either before or during trial.

Stet (STET) – Your case was placed on the “Stet docket” or indefinitely postponed.

Moved to Juvenile Court – Your case started in adult court but was moved to juvenile court.  If you were originally 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, so the adult record is eligible for expungement.

Not Criminally Responsible – for Nuisance Crimes defined in MD Code, Criminal Procedure 10-105 (a)(9)

   Here’s the list of Nuisance Crimes:

  • 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 fare or exhibiting proof of payment
  • except for carrying or possessing an explosive, acid, concealed weapon, or other dangerous article as provided in 7-705(b)(6) of the Transportation Article, any of the acts specified in 7-705 of the Transportation Article.

WHAT CHARGES CANNOT BE EXPUNGED?

Most Convictions—cases that ended in a guilty finding; •

Pending criminal matters 

“Unit Rule” – If there are multiple charges or cases from the same incident, and any of those charges are not expungable, then the entire list of charges and cases from the initial incident is not expungable, regardless of the disposition (i.e., guilty or not guilty).

CAN I FILE FOR EXPUNGEMENT OF EARLIER COURT RECORDS IF I AM A DEFENDANT IN A CURRENT CASE?

No.  If you are currently involved in a criminal case, you may not file for expungement of any records at this time.  This is a repeat of information above but important to know.

WHAT IF I WAS ARRESTED AND NO CHARGE WAS EVER FILED AGAINST ME?

If you were arrested on or after October 1, 2007 and not charged with a crime, your arrest will be automatically expunged within 60 days of your release from custody.

If you were arrested before October 1, 2007, you may wish to contact the local arresting police department and ask them to clear the record.

WHAT IF MY CRIMINAL RECORD WAS FOR A CRIME THAT IS NO LONGER A CRIME?

There is NO WAITING PERIOD if you were found guilty of a crime that is no longer a crime.

You may request an expungement immediately. 

Prior convictions for possession of marijuana can be expunged immediately, but the amount you were convicted of possessing must be less than ten (10) grams.  If your conviction was for more than ten (10) grams of marijuana, you may request an expungement immediately after completion of the sentence.  This includes completion of probation.

NOTE:  The 2023 Redeem Act and changes to the law allow individuals who are incarcerated for possession of cannabis to apply for resentencing.

WHAT IS THE WAITING PERIOD TO FILE FOR EXPUNGEMENT?

In Maryland, the minimum waiting period for filing expungement is 3 years for cases where all charges have a disposition of acquittal, not guilty, dismissal, or nolle prosequi, entered on October 1, 2021 or later.  However, you can request expungement earlier by using a specific waiver form with no fee.

Misdemeanors – A waiting period of 5 years from completion of sentence (including any period of probation, parole, or mandatory supervision) applies for all offenses.

Burglary (1st and 2nd degree) and Theft Convictions – A waiting period of 10 years (including any period of probation, parole, or mandatory supervision)

Felonies – A waiting period of 10 years starting from the completion of sentence, including any type of supervision.  If you are convicted of a new crime during that waiting period, the original conviction or convictions are not eligible for expungement unless the new conviction becomes eligible for expungement.

Second Degree Assault – A waiting period of 7 years from completion of sending (including any period of probation, parole, or mandatory supervision)

Burglary (1st and 2nd degree) and Theft Convictions – A waiting period of 10 years (including any period of probation, parole, or mandatory supervision)

Domestic Violence – 15 year waiting period

Probation Violations – Probation violations resulting in termination of probation are not eligible for expungement. (NOTE:  In 2024 advocates sought unsuccessfully to override this important limitation on expungement eligibility)

OTHER CONSIDERATIONS

Unit Rule – If one charge in a series of charges stemming from a single incident is ineligible for expungement, then all offenses stemming from the incident are ineligible. 

New Convictions – If you are convicted of a new crime during the expungement waiting period, the original conviction or convictions are not eligible for expungement unless the new conviction becomes eligible for expungement.

CAN ANY RECORDS BE EXPUNGED BEFORE THE 3 YEAR WAITING PERIOD?

After October 1, 2021, any case that resulted in acquittal, dismissal, not guilty, or nolle prosequi will be automatically expunged after three (3) years if you take no action. However, you do not have to wait for the automatic expungement, and you may want to file a petition.

You may file before 3 years have passed IF you file a General Waiver and Release Form (FORM CC-DC-CR-078) – which is a general release and waiver of any and all people against whom you may have a legal claim as a result of your arrest –  AND:

  • You were found not guilty (“acquitted”); OR
  • The state did not prosecute the charge against you (this is called “nolle prosequi”) or nolle prosequi with the requirement of drug or alcohol treatment is entered; OR
  • Your case was dismissed.

NOTE:  Filing a General Waiver and Release Form waives certain legal rights, so you might want to speak to a lawyer first.

COURT DEBT

The Redeem Act of 2023 specifies that any unpaid court fees or costs will not prohibit the expungement of an eligible record and requires that, when ordering or effecting an expungement, the court must waive any court fees and costs associated with the charge being expunged.

PROCEDURE AND CRITERIA FOR EXPUNGEMENT

  • A petition is filed in the court in which the proceedings began, with exceptions for cases that were transferred or appealed.  Md. Code Ann., Crim. Proc. § 10-110(B).   
  • The court serves notice to the State’s Attorney and victims, who have 30 days to object to the petition. § 10-110(E).
  • Court must order expungement if no objection is filed after 30 days. § 10-110(E)(3). 
  • If either the State’s Attorney or victim object, the court must hold a hearing, and the court’s determination is guided by § 10-110(F)(2). 
  • If the person meets the statutory eligibility requirements, the court must grant expungement upon finding: “that giving due regard to the nature of the crime, the history and character of the person, and the person’s success at rehabilitation, the person is not a risk to public safety; and that an expungement would be in the best interest of justice.”