The Expungement Process Step by Step
Filing for expungement in Maryland requires following specific procedural steps. First, you must obtain a copy of your criminal record from the Maryland Judiciary Case Search to identify which cases and charges are eligible for expungement. Next, you file a petition for expungement with the court that handled the original case. The petition must include specific information about the case, the charges, and the disposition.
After filing, the State’s Attorney’s Office has 30 days to object to the expungement. If no objection is filed, the court typically grants the petition. If the State’s Attorney objects, a hearing will be held where both sides present arguments. Once granted, the court issues an order directing all agencies — including the police department that arrested you, the State’s Attorney’s Office, and the court itself — to remove or seal the records. The entire process typically takes three to six months from filing to completion.
While the expungement process may seem straightforward, mistakes in the petition — such as listing incorrect case numbers, charges, or dispositions — can cause delays or denials. Working with an experienced attorney ensures that the petition is filed correctly the first time and that all eligible charges are included.
Expanded Expungement Eligibility in Maryland
Maryland has significantly expanded expungement eligibility in recent years. In addition to traditional expungement of favorable dispositions (acquittals, dismissals, nolle prosequi, and stet), the legislature has added certain misdemeanor convictions to the list of eligible offenses. This includes convictions for disorderly conduct, disturbing the peace, certain drug possession offenses, and other nonviolent misdemeanors. The waiting period for conviction-based expungement is generally three years from the date of the conviction or completion of the sentence, whichever is later.
The expansion of expungement eligibility reflects a growing recognition that criminal records create barriers to employment, housing, and economic opportunity that are disproportionate to the seriousness of many offenses. If you have a conviction on your record, it is worth consulting with an attorney to determine whether recent legislative changes have made your record eligible for expungement.
What Expungement Cannot Do
While expungement is a powerful tool, it has limitations that you should understand. Expunged records may still be accessible to law enforcement agencies and certain government entities. A prior PBJ for DUI, for example, may still be visible to a judge when determining whether to grant PBJ on a subsequent DUI charge. Certain federal agencies may also retain access to expunged records for national security purposes. Additionally, expungement does not affect records that were previously disclosed to third parties — if a background check company obtained your record before the expungement, they may still have the information in their database, although Maryland law prohibits them from reporting expunged records.
A criminal record in Maryland can follow you for years, affecting your ability to find employment, secure housing, obtain professional licenses, and more. But Maryland law provides a path to clearing certain records through the expungement process. If you are eligible, expungement can give you a fresh start.
At SoMD Criminal Defense, we have helped clients across Charles County, Calvert County, St. Mary’s County, and Prince George’s County clear their criminal records through expungement. Here is what you need to know about the process and whether you may qualify.
What Is Expungement in Maryland?
Expungement is the legal process of removing a criminal charge or conviction from your record so that it no longer appears on background checks. Under Maryland Criminal Procedure § 10-105, certain criminal records can be expunged, effectively sealing them from public view.
It is important to understand that expungement does not destroy all records. Law enforcement agencies may still have access to expunged records in certain limited circumstances. However, for most purposes, including employment and housing applications, an expunged record will not appear.
What Records Can Be Expunged in Maryland?
Maryland has significantly expanded expungement eligibility in recent years. Records that may be eligible for expungement include charges that were dismissed or nolle prosequi, acquittals (not guilty verdicts), cases placed on the stet docket (after 3 years), Probation Before Judgment dispositions (after the later of 3 years or the completion of probation), certain misdemeanor convictions after a waiting period, DUI and DWI convictions (as of October 2024, after completing probation), and certain nonviolent felony convictions under limited circumstances.
The specific waiting periods and eligibility requirements vary depending on the type of charge and the outcome of the case. An experienced attorney can review your record and determine which charges are eligible for expungement.
The Expungement Process in Maryland
The expungement process begins with filing a petition with the court where the case was heard. You must identify the specific charges you want expunged and meet all eligibility requirements. The State’s Attorney has 30 days to object. If there is no objection, the court may grant the expungement without a hearing. If the State objects, a hearing will be held where you can present your case.
The entire process typically takes 2 to 4 months, though it can take longer if there are complications or objections.
If you want to clear your criminal record in Southern Maryland, contact SoMD Criminal Defense at (301) 818-0389 for a free consultation. We will review your record and identify all charges that may be eligible for expungement.
Recent Changes to Maryland Expungement Law
Maryland has made several important changes to its expungement laws in recent years. As of October 2024, DUI and DWI convictions are now eligible for expungement after completing probation, which was previously not possible. The Expungement Reform Act of 2025 further expanded eligibility by removing barriers such as probation violations for many offense types. These changes mean that many people who were previously ineligible may now qualify.
Get Help with Expungement in Southern Maryland
The attorneys at SoMD Criminal Defense can guide you through the expungement process from start to finish. We serve clients in Charles County, Calvert County, St. Mary’s County, and Prince George’s County. Call us today at (301) 818-0389 or contact us online.
This is general information and not legal advice. Contact an attorney for advice specific to your case.
FAQ: Expungement in Maryland
How long does expungement take in Maryland?
The expungement process in Maryland typically takes 2 to 4 months from the time you file the petition. If the State’s Attorney objects, it may take longer because a hearing will be required. Having an attorney handle the filing can help ensure the process moves as smoothly as possible.
Can a felony be expunged in Maryland?
Certain nonviolent felony charges may be eligible for expungement in Maryland, particularly if the charges were dismissed, resulted in a not guilty verdict, or received a PBJ disposition. Felony convictions are more limited but some recent legislative changes have expanded eligibility. Consult with an attorney to evaluate your specific situation.
Will an expunged record show up on a background check?
Once a record is expunged in Maryland, it should not appear on standard background checks. However, certain government agencies and law enforcement may still have access to expunged records in limited circumstances. For most employment, housing, and licensing purposes, an expunged record will not be visible.
Frequently Asked Questions
How much does expungement cost in Maryland?
The court filing fee for an expungement petition in Maryland is typically $30. If you hire an attorney to handle the process, legal fees vary but generally range from a few hundred to a few thousand dollars depending on the complexity of your record and the number of cases involved. Many attorneys offer flat fee pricing for expungement services.
Can I expunge a felony conviction in Maryland?
Felony convictions are generally not eligible for expungement in Maryland, with some limited exceptions. However, if your felony case resulted in a disposition other than a conviction — such as a dismissal, acquittal, nolle prosequi, stet, or probation before judgment — it is likely eligible for expungement. Maryland’s expungement laws have been expanding, so it is worth consulting with an attorney about your specific situation.
How long does the expungement process take in Maryland?
The expungement process typically takes three to six months from the date of filing. After the petition is filed, the State’s Attorney has 30 days to respond. If no objection is filed, the court usually grants the petition shortly thereafter. Once granted, the court issues orders to all relevant agencies to remove or seal the records, which can take additional weeks to fully process across all databases.
In addition to traditional expungement, Maryland offers a process called shielding, which limits public access to certain criminal records without fully deleting them. Shielded records are still accessible to law enforcement and certain government agencies, but they will not appear on most background checks. This can be a valuable option for individuals who do not qualify for full expungement but still want to reduce the impact of a criminal record on their employment, housing, and educational opportunities.If you have been convicted of a DUI or DWI, you should know that under recent Maryland law changes, these charges may now be eligible for expungement under certain circumstances. For a detailed explanation, see our guide on DUI and DWI expungement eligibility. Our attorneys also handle protective order and minor offense cases, many of which may also qualify for record clearing.
The expungement petition process varies slightly depending on which court in Southern Maryland your case was heard in. Charles County, Calvert County, St. Mary’s County, and Prince George’s County each have their own clerk’s office where petitions must be filed. Processing times can range from 60 to 120 days depending on the jurisdiction and the complexity of your case. Filing fees are typically modest, but errors in the petition can cause significant delays. Working with an experienced expungement attorney helps ensure your petition is accurate and complete the first time.
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