If you’re wondering how long expungement takes in Maryland, the answer is that it typically takes about 90 days—but it can be longer depending on your case, the county, and whether anyone objects to your petition. While some cases move quickly through the courts, others can take several months or even up to a year for all agencies to complete their part of the process.
At Southern Maryland Criminal Defense, we often help clients in Prince George’s, Charles, Calvert, and St. Mary’s Counties clear their criminal records. Understanding how the expungement process works—and what can delay it—can help you set realistic expectations and prepare your paperwork properly.
How Long Does the Expungement Process Take?
Under Maryland law, most expungement petitions take about three months (90 days) from the time you file until the case is resolved. Here’s a general timeline of what happens:
| Step | Description | Typical Timeframe |
|---|---|---|
| File the Petition | You submit your petition for expungement in the court that handled your case. | Day 0 |
| Objection Period | The State’s Attorney and involved agencies have 30 days to object. | Up to 30 days |
| Court Decision | If there’s no objection, a judge may sign the order. If there is, a hearing is scheduled. | 30–60 days |
| Agency Compliance | After the court order, law enforcement, CJIS, and the courts must expunge or seal the records. | 30–60 days |
If everything goes smoothly and no one objects, your case may be fully expunged within 90 days. If there’s an objection, hearing, or administrative delay, it may take closer to four to six months before all agencies confirm compliance.
What Can Slow Down an Expungement in Maryland?
While most expungements move quickly, certain issues can cause delays. Common examples include:
- Objections by the State’s Attorney – If the prosecutor objects, the court must schedule a hearing.
- Errors in Your Petition – Missing or incorrect case numbers, dates, or signatures can send your case back to square one.
- Court Backlogs – In busier jurisdictions like Prince George’s County, court schedules can delay hearings.
- Agency Delays – Police departments, the courts, and the Central Repository (CJIS) must all process the expungement order. Some take longer than others.
- Appeals or Denials – If your petition is denied or appealed, it can take several additional months.
In rare cases—especially if an appeal or agency backlog is involved—the full process can stretch up to a year.
When Can You File for Expungement?
The waiting period before you can file depends on the outcome of your case:
- Acquittal, dismissal, or nolle prosequi: You must usually wait 3 years from the case’s resolution unless you sign a waiver and release.
- Probation before judgment (PBJ): You may file 3 years after the PBJ or at the end of probation—whichever is longer.
- Certain convictions: Some nonviolent misdemeanors and nuisance crimes are eligible for expungement after 10 or 15 years, depending on the charge.
- No charges filed: If you were arrested but never formally charged, that record is automatically expunged 60 days after release.
- Marijuana-related cases: Some cannabis possession charges are now automatically expunged under Maryland’s recent reforms.
Understanding these timelines is critical before filing. Filing too early—or for an ineligible offense—can result in denial or delay.
County Differences in Southern Maryland
Although the expungement laws are the same statewide, local practices can affect timing:
- Prince George’s County: High case volume can cause longer wait times for hearings and clerk processing.
- Charles County: Usually processes petitions within the standard 90-day window.
- Calvert County: Smaller dockets may mean slightly faster scheduling for hearings.
- St. Mary’s County: Typically efficient once the petition is filed, though agency compliance can still take several weeks.
Having a criminal defense attorney who regularly practices in these counties can make a noticeable difference in how smoothly your case moves through the system.
Tips to Speed Up the Expungement Process
- Double-check your forms. Make sure all case numbers, dates, and names are correct.
- Include all necessary waivers or releases. This avoids objections from the prosecutor’s office.
- Monitor your case status. You can check updates through Maryland’s case search portal.
- Follow up with agencies. Once the court grants the expungement, request confirmation that agencies have complied.
- Hire an experienced attorney. A lawyer familiar with Maryland expungements can ensure every step is handled efficiently and correctly.
The Bottom Line: How Long Does Expungement Take in Maryland?
Most expungements in Maryland take around 90 days from start to finish. However, if objections arise, a hearing is required, or agencies are slow to respond, the process can stretch longer. The key to keeping it on track is filing an accurate petition, meeting all eligibility requirements, and following up after your court order is granted.
If you’re ready to clear your record, the attorneys at Southern Maryland Criminal Defense can help guide you through the process. We handle expungements in Prince George’s, Charles, Calvert, and St. Mary’s Counties and can help ensure your petition is filed correctly and processed as quickly as possible.
