Expungement Lawyer in Maryland
A criminal record does not disappear on its own. Even if your charges were dismissed, you received a not guilty verdict, or you successfully completed probation, that record follows you. It shows up on employment background checks, housing applications, loan approvals, professional licensing reviews, and government security clearances. For many people throughout Southern Maryland, a past criminal charge continues to define their opportunities long after the case is over.
The good news is that Maryland has significantly expanded expungement eligibility in recent years. New laws now allow individuals to petition for expungement of charges that were previously ineligible, including certain DUI and DWI dispositions. If you have a criminal record in Maryland, you may have more options to clear it than you realize.
At SoMD Criminal Defense, we handle expungement petitions throughout Southern Maryland, including Charles County, Prince George’s County, Calvert County, and St. Mary’s County. Attorney Jeremy Widder has helped hundreds of clients clear their records and move forward with their lives. If you are ready to find out whether your record qualifies for expungement, call (301) 818-0389 for a free consultation.
What Is Expungement in Maryland?
Expungement is the legal process of removing a criminal charge or conviction from your public record. When a record is expunged in Maryland, it is effectively erased from court databases and the Maryland Criminal Justice Information System (CJIS). Law enforcement agencies, employers, landlords, and licensing boards will no longer be able to see the charge when they run a background check.
It is important to understand the difference between expungement and shielding. Expungement completely removes the record, as though the charge never existed. Shielding, on the other hand, hides the record from public view but keeps it accessible to law enforcement and certain government agencies. Both options can improve your situation, but expungement provides the most complete relief.
After a successful expungement, you are legally permitted to state that you were never charged with or convicted of the expunged offense. This applies to job applications, housing applications, and any other situation where you are asked about your criminal history.
What Charges Can Be Expunged in Maryland?
Maryland law allows expungement for a wide range of case outcomes and charge types. Understanding which charges qualify is the first step in determining whether you are eligible to clear your record.
Cases Eligible for Expungement
Acquittals and Not Guilty Verdicts — If you went to trial and were found not guilty, you are eligible to have the charge expunged. There is no waiting period for acquittals.
Nolle Prosequi (Dropped Charges) — When the State’s Attorney decides not to prosecute your case and enters a nolle prosequi, you may petition for expungement three years after the disposition date.
Stet Docket — A stet means the case is placed on an inactive docket. After three years on the stet docket, you can petition for expungement.
Probation Before Judgment (PBJ) — A PBJ disposition in Maryland is not a conviction. After completing the terms of your probation and waiting the required period, many PBJ dispositions are eligible for expungement. The waiting period varies depending on the charge.
DUI/DWI Probation Before Judgment — As of October 2024, Maryland law now permits expungement of DUI and DWI charges that resulted in a PBJ. This is a major change in the law. Previously, DUI and DWI charges were categorically excluded from expungement even with a PBJ disposition. Under the new Maryland DUI expungement law, individuals may petition for expungement 15 years after successfully completing the terms of the PBJ.
Certain Misdemeanor Convictions — Maryland allows expungement of some misdemeanor convictions after a waiting period, typically 10 years. Not all misdemeanors qualify, and specific criteria must be met, including having no subsequent criminal charges during the waiting period.
Marijuana Convictions — Under the Cannabis Reform Act, many prior marijuana possession convictions and charges are now eligible for expungement. Maryland’s legalization of recreational cannabis in 2023 opened the door for thousands of residents to clear marijuana-related charges from their records. Learn more about Maryland’s current marijuana laws and how legalization affects prior charges.
The Maryland Expungement Process
Filing for expungement in Maryland requires careful attention to procedure. An incomplete or improperly filed petition can result in delays or outright denial. Here is an overview of how the process works when you work with an expungement lawyer.
Step 1: Review Your Criminal Record
The first step is obtaining and reviewing your complete criminal history from the Maryland CJIS. This allows your attorney to identify every charge on your record, confirm disposition dates, and determine which charges are eligible for expungement. Many clients are surprised to discover charges on their record that they had forgotten about or did not know were there.
Step 2: Prepare and File the Petition
Your expungement attorney prepares the petition for expungement, which must be filed in the court where the original case was heard. The petition identifies the specific charges to be expunged and includes supporting documentation. Each charge requires its own petition, and filing fees apply for each case.
Step 3: State’s Attorney Review
After the petition is filed, the State’s Attorney’s Office has 30 days to file an objection. If no objection is filed, the court will typically grant the expungement. If the State’s Attorney objects, a hearing will be scheduled where your attorney can argue on your behalf.
Step 4: Court Order and Record Removal
Once the court grants the expungement, an order is sent to all relevant agencies, including CJIS, the arresting law enforcement agency, and the court clerk. These agencies are required to remove the records within 60 days of receiving the order. The entire process from filing to completion typically takes about 90 days, though it can take longer if objections are raised. For a detailed breakdown of the timeline, visit our guide on how long expungement takes in Maryland.
DUI and DWI Expungement in Maryland
One of the most significant changes to Maryland expungement law took effect in October 2024. For the first time, individuals who received a Probation Before Judgment for a DUI or DWI charge can now petition for expungement.
This is a landmark change. For decades, a DUI or DWI PBJ remained permanently on your record regardless of how long ago it occurred or how well you had complied with the court’s conditions. The new law recognizes that people who received a PBJ, completed all requirements, and stayed out of trouble for 15 years deserve the opportunity to clear that record.
Who Qualifies for DUI/DWI Expungement?
To be eligible for DUI or DWI expungement under the new Maryland law, you must meet the following requirements. You must have received a Probation Before Judgment for the DUI or DWI charge. You must have successfully completed all terms and conditions of the PBJ, including probation, alcohol education programs, and any other court-ordered requirements. At least 15 years must have passed since you completed the PBJ requirements. You must not have any subsequent criminal convictions during the waiting period.
If you received a PBJ for a DUI or DWI years ago and have maintained a clean record since, you may now be eligible to finally clear that charge. Read our detailed breakdown of the new DUI/DWI expungement law in Maryland to learn more about how this change may apply to your case.
Expungement for Drug Charges
Drug charges are among the most common reasons people seek expungement in Maryland. A drug possession charge on your record can prevent you from getting hired, obtaining professional licenses, qualifying for student financial aid, and more.
Marijuana Possession Expungement
Maryland’s legalization of recreational cannabis created new pathways for expungement of prior marijuana charges. Under the Cannabis Reform Act, individuals with past convictions for possession of marijuana may petition to have those charges expunged. This applies to convictions for possession of amounts that are now legal under current Maryland law. The state has also implemented processes for automatic expungement of certain low-level marijuana possession cases. For complete information on how Maryland’s cannabis laws affect prior charges, read our guide on marijuana legality in Maryland.
Other Drug Offense Eligibility
Beyond marijuana, other drug charges may also be eligible for expungement depending on the disposition of the case. If your drug charge resulted in a not guilty verdict, dismissal, nolle prosequi, stet, or PBJ, you may qualify for expungement under the standard eligibility rules. Certain misdemeanor drug convictions may also qualify after the required waiting period. An experienced expungement attorney can review your specific charges and advise you on your options.
Record Shielding vs. Expungement
Maryland offers two distinct forms of relief for people with criminal records: expungement and shielding. While both can help improve your opportunities, they work differently and provide different levels of protection.
Expungement removes the record entirely. After expungement, the charge is deleted from court records and criminal databases. It is as if the charge never existed. You can legally deny that the charge ever occurred.
Shielding hides the record from public view but does not destroy it. A shielded record will not appear on standard background checks conducted by employers or landlords. However, law enforcement agencies, courts, and certain government entities can still access shielded records. Shielding is available for certain convictions that do not qualify for full expungement, including some misdemeanor convictions and guilty dispositions.
In many cases, shielding may be the appropriate option when full expungement is not available. Your expungement lawyer will evaluate your record and recommend the best approach for each charge based on its disposition and type.
How a Criminal Record Affects Your Life
Many people underestimate the long-term consequences of having a criminal record. Even a single charge that never resulted in a conviction can create significant obstacles in your daily life. Understanding how your record affects you is an important part of recognizing why expungement matters.
Employment Background Checks — Most employers run criminal background checks as part of the hiring process. A criminal record can disqualify you from consideration for jobs, promotions, and career advancement opportunities. This is especially true in fields like healthcare, education, finance, and government.
Housing Applications — Landlords and property management companies routinely screen applicants for criminal history. A record can result in your application being denied, even for charges that were dismissed or resulted in a not guilty verdict.
Government Employment and Security Clearances — Federal and state government positions often require security clearances that involve thorough background investigations. A criminal record can prevent you from obtaining or maintaining the clearance you need for your job.
Professional Licensing — If you hold or are seeking a professional license in fields such as nursing, law, real estate, or teaching, a criminal record can be grounds for denial or revocation of your license.
Firearm Rights — Certain criminal convictions and dispositions can affect your right to purchase or possess firearms in Maryland. Expungement can help restore those rights in some situations.
For a comprehensive look at these consequences, read our article on how having a criminal record affects your life.
Why You Need an Expungement Lawyer
While it is technically possible to file an expungement petition on your own, the process involves technical legal requirements that can trip up people who are unfamiliar with the system. Working with an experienced expungement attorney significantly increases your chances of a successful outcome.
Technical Filing Requirements — Expungement petitions must be filed correctly with the right court, using the proper forms, and referencing the correct case numbers and disposition codes. Errors in filing can result in your petition being rejected or delayed. An attorney ensures every detail is accurate before submission.
Handling State’s Attorney Objections — The State’s Attorney has the right to object to your expungement petition. If an objection is filed, a hearing will be scheduled. Having an attorney represent you at that hearing can make the difference between having your petition granted or denied. Your lawyer will present arguments and evidence supporting why expungement is appropriate in your case.
Comprehensive Record Review — An experienced expungement lawyer will pull your complete criminal history and identify every charge that may be eligible for expungement. Many clients are not aware of all the charges on their record, including charges from years ago that may now qualify for relief.
Maximizing Your Relief — In some cases, certain charges on your record may qualify for expungement while others may qualify for shielding. Your attorney will develop a strategy to clear or shield as much of your record as possible, giving you the best chance at a fresh start.
Expungement Services by County
SoMD Criminal Defense provides expungement services throughout Southern Maryland. We regularly file petitions in the following jurisdictions.
Charles County Expungement Lawyer
If your case was heard in Charles County, your expungement petition will be filed with the Circuit Court or District Court in La Plata. Charles County is one of the busiest jurisdictions in Southern Maryland, and we handle a high volume of expungement cases there. Whether your charge involved a traffic offense, drug possession, theft, assault, or DUI, we can evaluate your eligibility and file the petition on your behalf.
Prince George’s County Expungement Lawyer
Prince George’s County cases are heard in Upper Marlboro at the Circuit Court and District Court. As one of the most populated counties in Maryland, Prince George’s County generates a large number of criminal cases each year. Many residents carry old charges on their records that are now eligible for expungement. We represent clients throughout Prince George’s County in clearing their criminal records.
Calvert County Expungement Lawyer
Expungement petitions for Calvert County cases are filed with the courts in Prince Frederick. We represent clients throughout Calvert County who are seeking to clear charges ranging from minor misdemeanors to more serious offenses that resulted in favorable dispositions. If you were charged in Calvert County and want to explore your expungement options, contact us for a case review.
St. Mary’s County Expungement Lawyer
St. Mary’s County criminal cases are heard at the courthouse in Leonardtown. We serve clients throughout St. Mary’s County who need help clearing their criminal records. From military personnel stationed at Patuxent River Naval Air Station to longtime residents, we help people across St. Mary’s County petition for expungement and move forward with clean records.
Frequently Asked Questions About Expungement in Maryland
How long does expungement take in Maryland?
The expungement process in Maryland typically takes approximately 90 days from the date the petition is filed. After filing, the State’s Attorney has 30 days to review the petition and file any objections. If no objection is filed, the court issues an order granting expungement, and agencies then have 60 days to remove the records. If the State’s Attorney objects, the timeline can be longer due to the scheduling of a court hearing. For a complete breakdown of the timeline, visit our page on how long expungement takes in Maryland.
How much does expungement cost?
The cost of expungement in Maryland includes court filing fees and attorney fees. Filing fees vary by court and the number of charges being expunged. Each case typically requires a separate petition and filing fee. Attorney fees vary depending on the complexity of your record and the number of charges involved. At SoMD Criminal Defense, we offer transparent pricing and will provide you with a clear estimate during your free consultation. Many clients find that the cost of expungement is a worthwhile investment given the doors it opens for employment, housing, and other opportunities.
Can a DUI be expunged in Maryland?
Yes, as of October 2024, DUI and DWI charges that resulted in a Probation Before Judgment can now be expunged in Maryland. The new law requires a 15-year waiting period after successful completion of all PBJ terms. If you received a PBJ for a DUI or DWI and have maintained a clean record for at least 15 years, you may qualify for expungement. DUI or DWI convictions that did not result in a PBJ are generally not eligible for expungement. Learn more about the new DUI/DWI expungement law.
Will an expunged record show on a background check?
No. Once your record is expunged in Maryland, it is removed from criminal databases and should not appear on background checks. Employers, landlords, and other entities conducting background screenings will not see the expunged charge. You are also legally permitted to deny that the charge ever existed when asked on applications or in interviews. If an expunged record incorrectly appears on a background check, you have legal options to address the error.
Can I expunge a felony in Maryland?
Felony expungement eligibility in Maryland depends on the outcome of the case. If your felony charge resulted in a not guilty verdict, dismissal, nolle prosequi, or stet, you may be eligible for expungement. Felony convictions are generally not eligible for expungement, though some may qualify for shielding under certain circumstances. A Probation Before Judgment on a felony charge may also be eligible for expungement depending on the specific offense. The best way to determine your eligibility is to consult with an experienced expungement attorney who can review the details of your case.
Clear Your Record Today — Call SoMD Criminal Defense
You do not have to let a criminal record define your future. Whether you are dealing with an old marijuana possession charge, a DUI from years ago, or dismissed charges that still show up on background checks, SoMD Criminal Defense can help you explore your options for expungement.
Attorney Jeremy Widder has extensive experience filing expungement petitions in Charles County, Prince George’s County, Calvert County, and St. Mary’s County. We understand the local courts, the filing requirements, and how to handle objections from the State’s Attorney’s Office.
Call (301) 818-0389 today for a free consultation. We will review your record, explain which charges are eligible for expungement, and walk you through the process from start to finish. Take the first step toward a clean record and a fresh start.
We also handle post-conviction and resentencing matters for clients who need additional relief beyond expungement.
