If you have a criminal record in Maryland (whether as an adult or a juvenile), and your case meets certain conditions, you may ask the court to expunge a criminal record. Expungement removes information about a case from court and law enforcement records. Make sure you keep copies of all expungement documents and the expungement order. The state of Maryland also offers ‘shielding’ of criminal records. Expungement is different than Shielding. When a criminal record is shielded, it will no longer be on Case Search or be available to the public. If you would like to discuss the benefits of having your record expunged please contact our Maryland expungement lawyers.
With offices in Baltimore and Towson our Maryland expungement lawyers serve the Annapolis, Baltimore, Bel Air, Columbia, Dundalk, Ellicott City, Essex, Glen Burnie and Towson areas. Contact our MD expungement lawyers right away for a free case review.
What Records Can Be Expunged?
The following can be expunged:
- Department or Motor Vehicle Administration (MVA) files
- Police files and records
- Court records and files
- Jail and juvenile detention center records/files
- State’s Attorney’s files
- Maryland Judiciary Case search
If you need help with any of the above please let our Towson expungement lawyers help.
Maryland Expungement Laws
The state of Maryland has very specific expungement laws. Not all crimes can be expunged and not everyone with a criminal past is eligible for an expungement, Per Maryland expungement laws you may be entitled to expunge your arrest and prosecution records if:
- you were found not guilty
- your case got dismissed
- the State’s attorney’s office opted not to prosecute (Nolle Prosequi)
- the court indefinitely postponed your case (stet)
- you received probation before judgment aka PBJ (excludes DWI/DUI)
- you were convicted of a crime that is no longer a crime
- you were convicted of only one nonviolent crime and the Governor granted you a full and unconditional pardon
- you were found guilty of or not criminally responsible for certain nuisance crimes or specified misdemeanors
New Maryland Expungement Laws
As of October 2017, Maryland passed legislation expanding expungements to include crimes for which a person was found “guilty.” These are crimes such as:
- misdemeanors and crimes listed under the Criminal Procedure Article § 10-110
- marijuana possession under Criminal Law Article § 5-601
Maryland Crimes That Cannot Be Expunged
Despite the recent expanded MD expungement laws there are still situations where a criminal record cannot be expunged. These include but aren’t limited to the following:
- If you received a PBJ but were later convicted of a new crime within a 3-year time frame, the original case cannot be expunged
- If you currently have criminal proceedings pending against you
- You are currently participating in a court-mandated program (i.e. alcohol/drug treatment)
- A PBJ for certain alcohol-related driving offenses: DUI/DWI
- Death due to impaired driving, drugged driving, DUI or DWI
Timeframes For Expunging Records In Maryland
The type of charge and sentence you received will determine the timeline for when you can file.
You can File a Petition Within 3 Years if…
- you received probation before judgment (except DUI/DWI) ;* or
- the court indefinitely postponed your case (“stet”); or
- you were convicted of a crime or found not criminally responsible
You can file a Petition Earlier than 3 Years if…
- your petition is based on a conviction of a crime and the act on which the conviction was based is no longer a crime, you can file at any time.
10 or More Years
An expungement for the crimes listed in Criminal Procedure Article § 10-110 except for Assault Second Degree and domestically related crimes can be pursued 10 years after the sentence has been completed including parole, probation, or mandatory supervision.
15 or more Years
If your petition is based on a violation of Criminal Law Article § 3-203 (second-degree assault) or for an offense classified as a domestically related crime you must wait 15 years after the sentence has been completed including parole, probation, or mandatory supervision.
Contact Our Towson Expungement Lawyers
Our team of Baltimore, Maryland expungement attorneys can help you file a formal petition or request with the court where the case was originally heard. The application costs $30 and the entire process may take up to 3 months. A judge will determine whether the expungement can be granted. If the expungement is rejected, a hearing will be scheduled which allows the judge to review more information from both sides before making a final decision. Our Bel Air, MD expungement lawyers will represent you at this hearing and advocate on your behalf.
Serving the Annapolis, Baltimore, Bel Air, Catonsville, Cockeysville, Columbia, Dundalk, Ellicott City, Essex, Glen Burnie, Severna Park, Towson & Westminster, Maryland areas.