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How to Expunge a Criminal Record in Maryland

You’ve decided to turn your life around and start fresh. You are ready to move up in your job, hopefully get a pay raise, and begin paying down some debts. But you are running into a wall in climbing the corporate ladder. You have an old Maryland criminal conviction that may prevent you from getting a promotion. So, what are your options? Should you try and research the law yourself? Make a pitch to the judge, hoping she will give you a break and clear you record? Before doing any of that, you should understand how to expunge a criminal record in Maryland.

What is Expungement?

Expungement is a legal process to help you destroy or remove from view all or part of the records of a criminal case. In Maryland, if your case is successfully expunged, it will be removed from court and law enforcement records. If you want your case completely removed from a public records search, you will have to go through a different process known as "shielding." For more information on shielding, contact a Maryland criminal defense attorney or see the Maryland courts website to learn more.

Maryland Expungement Laws Overview

The following chart provides some basic information about Maryland expungement, including where to find legal representation to assist you in this process.

Statutes

Md. Ann. Code of Criminal Procedure §10-105

Eligibility

You may be eligible for expungement under the following circumstances
  • Your criminal case was dismissed
  • A judge or jury found you "not guilty"
  • Your case was settled via a plea bargain
  • Court indefinitely postponed your case/ district attorney did not prosecute your case
  • Your case resulted in probation before judgment (not including DUI/DWI)
  • You were granted a pardon by the Governor (only in some cases)
  • Other circumstances may apply

Ineligibility

  • You received probation before judgment and have a subsequent conviction other than a minor traffic offense, or
  • You are currently a defendant in a criminal case

Procedure

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Maryland Codes and Court of Appeals Opinions

Additional Resources

If you have additional questions about Maryland’s cirimal laws, click on the following links below to learn more:

Get Legal Help Expunging Your Criminal Record in Maryland

If you're thinking of cleaning up your Maryland criminal record, you’ll have to follow a number of important steps before your record is wiped clean. In order to do that, you should have an experienced criminal defense attorney by your side to help you make the best argument possible and even represent you in court.

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Can I Solve This on My Own or Do I Need an Attorney?

  • Complex criminal defense situations usually require a lawyer
  • Defense attorneys can help protect your rights
  • A lawyer can seek to reduce or eliminate criminal penalties

Get tailored advice and ask your legal questions. Many Maryland attorneys offer free consultations.

 

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