Effective October 1, 2024, Maryland introduced significant changes to its DUI and DWI expungement laws, offering new opportunities for individuals with prior alcohol-related offenses to clear their records. This reform provides a chance for those who have demonstrated good behavior to move beyond past mistakes, allowing a fresh start.
Expungement for DUI and DWI Offenses
Prior to this change, DUI (driving under the influence) and DWI (driving while impaired) offenses in Maryland were ineligible for expungement if the individual received probation before judgment (PBJ). Under previous laws, these records remained indefinitely, potentially affecting employment, housing, and personal opportunities. However, under the new law, individuals who received a PBJ for a DUI or DWI offense under Maryland’s Transportation Code §§ 21-902(a) and 21-902(b) can now apply for expungement 15 years after successfully completing their probation. This reform provides a long-awaited opportunity for those with first-time alcohol-related driving offenses to clear their records.
To qualify, the following conditions must be met:
- The individual must have completed probation and avoided further criminal convictions (except for minor traffic offenses) during the 15-year period following probation.
- The expungement applies only to cases involving alcohol-related DUI or DWI offenses. If the offense involved controlled substances, or if it was a subsequent offense, the individual will not be eligible for expungement.
It’s important to note that while the expungement process is now available for many, those who commit new criminal offenses, or receive another PBJ for DUI or DWI within the 15 years, will be barred from expunging their record.
Ignition Interlock Device Requirement
The new law also mandates that anyone convicted of a DUI or DWI offense, or anyone who receives a PBJ for such an offense, must now participate in Maryland’s Ignition Interlock Program. Previously, judges had discretion in ordering the installation of an ignition interlock device, especially for those receiving PBJ. Now, this device, which prevents a vehicle from starting if alcohol is detected on the driver’s breath, is mandatory for anyone convicted or receiving a PBJ for DUI or DWI. The length of participation depends on the individual’s offense history:
- 6 months for a first offense,
- 1 year for a second offense,
- 3 years for a third or subsequent offense.
Drivers are responsible for the costs associated with installing and maintaining the device, and failure to comply with the program can result in severe penalties, including license suspension or additional criminal charges.
Impact of the New Law
These changes represent a progressive shift in Maryland’s approach to DUI and DWI offenses. The expanded expungement eligibility acknowledges that people can make mistakes but also change over time, giving individuals an opportunity to leave past indiscretions behind. By contrast, the stricter requirements for ignition interlock devices aim to enhance road safety and deter repeat offenses.
For those looking to take advantage of these new provisions, it’s crucial to consult with an experienced attorney who can guide them through the expungement process and ensure compliance with the new ignition interlock requirements.
If you or someone you know has been affected by DUI or DWI laws in Maryland, now is the time to explore these new opportunities. The changes that took effect on October 1, 2024, are designed to provide relief for individuals looking for a fresh start, while also ensuring that the roads remain safe for everyone.
