By Susan Buckner, J.D. | Legally reviewed by FindLaw Staff | Last reviewed November 04, 2024
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If you have a criminal history, you may have difficulty getting employers, banks, and licensing agencies to look past your past and believe you've started over. Arrests and convictions are public records and will appear on background checks for years. You can clear your background in Maryland by starting the expungement process and having your records sealed.
Almost all criminal records can get expunged from Maryland's court records. Even cases that had a guilty disposition may get expunged after a waiting period.
This article explains how to expunge your criminal record in Maryland.
Expungement is a legal process that helps you destroy or remove all or part of a criminal case's records from view. If your case is successfully expunged, it becomes inaccessible in court and law enforcement records. The expunged record is still available for some types of searches. The FBI can still access parts of your record. If you get arrested again, prosecutors can use your record to build their new case.
Expungement lets you answer "no" to the question, "Have you ever been convicted of a crime?" on job applications. Expungement does not:
If an application asks if you were ever arrested for a crime (as opposed to convicted), expungement does not address that question. If you encounter that question, you should seek legal advice.
Expungement is a complex process, beginning with whether you are eligible. You may file your own expungement, but having an attorney review anything before you file is a good idea. The Maryland Code of Criminal Procedure §10-105. covers expungement law.
Eligibility. The first step for expungement cases is determining eligibility.
You can file for expungement if:
Guilty verdicts can still request expungement after a waiting period. The time depends on the seriousness of the crime. Offenders must complete all probation or parole and all other conditions of their sentence, including restitution, court-ordered rehabilitation, and other requirements.
Three years for:
Five years for some misdemeanors:
Seven years for some assault and battery crimes.
Ten years for first and second-degree burglary and general theft crimes.
Fifteen years for domestic violence crimes and DUI/DWI charges.
You can't get an expungement if you are a defendant in any criminal case or received a PBJ and have a subsequent conviction for anything other than a minor traffic violation.
Crimes not enumerated in Maryland's statutes are not eligible for expungement, according to Maryland law.
Some charges get automatic expungement after three years. Cannabis possession charges that received acquittals, dismissals, or nolle prosequis get expunged after three years. The court sends the expungement order to the defendant's last known address.
You can file for expungement if enough time has passed since your court case.
The Petition for Expungement of Records (form CC-DCCR-072a) is for all acquittals, dismissals, and nolle prosequis. Use Form CC-DCCR-072b for eligible guilty verdicts. The General Waiver and Release (form CC-DCCR-078) indemnifies court personnel from liability while performing the records search and expungement.
Most legal professionals recommend having your attorney do a warrant check before filing your documents since you may need to appear in court for an expungement hearing.
Expungement petitions get filed in the district court or circuit court that finalized your case. If you have several cases, you'll need to file several petitions.
There is a filing fee for guilty verdict expungements. You do not need to pay a fee for automatic expungements. Ask the clerk or your attorney if you qualify for a fee waiver when you file your paperwork.
After you file, the state of Maryland has 30 days to file an objection. If it objects, the judge calls an expungement hearing. You must appear and explain to the court why it should grant your petition. If there is no objection, the judge can still deny the petition from the bench. If that happens, you have 30 days to appeal.
Shielding (Md. Code, Criminal Procedure § 10-301 et seq.) removes a case from public view. The Maryland court case search function can't find it. Law enforcement and other public agencies can still see your record.
Shielding removes the types of crimes most likely to cause you problems if the public can see them. Shielding blocks public access to crimes like:
If you need these criminal charges eliminated from the public record, contact a Maryland criminal defense attorney or visit the Maryland courts website to learn more.
Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decision.
If you have questions about Maryland's criminal laws, click on the following links below:
If you want your Maryland criminal record expunged, you must follow several important steps. You should have an experienced Maryland criminal defense attorney to help you make the best argument possible. If you end up at a court hearing, you'll have someone ready to represent you.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many Maryland attorneys offer free consultations.
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