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How to Expunge Your Criminal Record in Maryland — 2026 Guide

This content is for informational purposes only and does not constitute legal advice. Consult a licensed Maryland attorney for advice specific to your situation.

A criminal record in Maryland creates barriers to employment, housing, professional licenses, and loans. But Maryland's expungement laws have been significantly expanded in recent years, making it easier than ever to clear your record.

This guide explains who qualifies for expungement in Maryland, how the process works, what it costs, and step-by-step instructions to erase your criminal record.

What Is Expungement in Maryland?

Expungement is the legal process of erasing your criminal record. In Maryland, a successful expungement means:

• The record is physically destroyed or removed from public databases
• Background checks by employers, landlords, and licensing boards won't show the expunged offense
• You can legally deny the record existed (with limited exceptions for law enforcement and certain professions)

Maryland law allows expungement for arrests, charges, and convictions under specific circumstances defined in Criminal Procedure Article (CP) §§10-101 through 10-110.

Maryland Expungement Eligibility

Not all crimes qualify for expungement in Maryland. Eligibility depends on:

• What you were convicted of (or just arrested for)
• How much time has passed since your case ended
• Your criminal history (how many past convictions)
• Whether you completed your sentence and stayed out of trouble

Convictions That CAN Be Expunged (CP §10-105)

Maryland significantly expanded expungement eligibility in 2023 and 2024. Most misdemeanors and many felonies are now eligible.

Eligible Convictions (10-Year Waiting Period):

Under CP §10-105(c)(2), you can expunge most misdemeanors and some felonies if:

• 10 years have passed since you:
• Completed your sentence (including probation), AND
• Satisfied all court orders (fines, restitution, community service), AND
• Were not convicted of a new crime during that period

Eligible offenses include:

• Most misdemeanors (theft, drug possession, DUI — see exceptions below, assault 2nd, trespassing, etc.)
• Manslaughter (except certain circumstances)
• Violent crimes reduced from felony to misdemeanor conviction (if judge authorizes expungement)

Eligible Convictions (15-Year Waiting Period):

Under CP §10-105(c)(3), certain felonies require a 15-year waiting period:

• Felonies punishable by more than 20 years in prison (if convicted, sentenced, and completed sentence)
• Second-degree assault (if previously ineligible under old law, now eligible after 15 years)
• Some violent felonies (at judge's discretion with good cause shown)

Non-Convictions (Immediate or 3-Year Wait):

Under CP §10-105(a), the following can be expunged immediately or after 3 years:

• Acquittals (not guilty verdicts)
• Dismissals (nolle prosequi, stet, dismissal)
• Not criminally responsible (insanity acquittal)
• Dismissal before trial (e.g., completed diversion program, drug court, probation before judgment)

Peace Order Protective Orders:

Under CP §10-105(a)(6), peace orders (civil protective orders, not domestic violence) can be expunged if:

• No violation of the peace order occurred, AND
• 3 years have passed since entry, OR
• Plaintiff consents to expungement

Marijuana Expungement (Automatic)

Under CP §10-110.1, Maryland automatically expunges:

• All civil citations for marijuana possession (under 10 grams)
• All misdemeanor marijuana convictions (possession, use, paraphernalia)
• Processed by Maryland Judiciary Case Search automatically — no filing required
• Completed by January 1, 2025 (already done or in progress)

Check your case at casesearch.courts.state.md.us — if expunged, it will show "EXPUNGED."

Offenses That CANNOT Be Expunged

Maryland law PROHIBITS expungement for (CP §10-106):

• Crimes of violence (murder, rape 1st/2nd, robbery 1st, carjacking, assault 1st)
• Sex offenses requiring sex offender registration (even if misdemeanor)
• Child abuse (any degree)
• Domestic violence convictions (even if misdemeanor)
• DUI/DWI (operating while intoxicated — even 1st offense)
• Repeat offenders (2+ convictions, even if eligible offenses)
• Convictions for which you're still serving a sentence (probation, parole)
• Trafficking (large quantities of controlled substances)

Specifically Ineligible:

• First-degree murder, second-degree murder (with exceptions)
• First-degree rape, second-degree rape
• First-degree sexual offense
• Sexual abuse of a minor, child pornography
• First-degree assault
• Robbery 1st, carjacking
• Arson 1st
• Burglary 1st (if dwelling occupied)
• Kidnapping 1st
• Abuse of a minor (any degree)
• Domestic violence (even if misdemeanor)
• DUI/DWI (any conviction, even 1st offense)
• Any conviction if you have 2+ convictions on your record (even if both would otherwise be eligible)

Waiting Periods

"Sentence completion" means:

• Jail/prison time served
• Probation/parole successfully completed
• All fines, restitution, and court costs paid
• No new charges or convictions during the waiting period

The Maryland Expungement Process: Step-by-Step

Step 1: Get Your Criminal Record

Before filing, you need a copy of your criminal history.

Maryland Judiciary Case Search:

• Online: casesearch.courts.state.md.us
• Free public record search
• Maryland District and Circuit Court cases (traffic, criminal, civil)
• Most comprehensive for Maryland convictions

Maryland Criminal Justice Information System (CJIS):

• Request via Maryland State Police
• Fingerprint-based background check
• Cost: ~$18–$25
• Includes all Maryland arrests and dispositions

FBI Identity History Summary:

• Online: FBI Channeler
• Cost: $18 (FBI fee) + channeler fee
• Federal + state convictions (nationwide)
• Takes 2–4 weeks

Step 2: Verify Your Eligibility

Review your record to confirm:

1. No ineligible offenses (sex crimes, crimes of violence, DUI, domestic violence)
2. Waiting period satisfied (10 or 15 years for convictions, immediate for dismissals/acquittals)
3. No new convictions during the waiting period
4. Sentence completed (probation, fines, restitution paid)

"General Public" vs. "Peace Order" Searches:

Maryland Case Search has two tabs:

• General Public: Criminal and civil cases
• Peace Order: Civil protective orders (unless related to domestic violence, then in General Public)

Expunge cases in both tabs if applicable.

Step 3: Prepare Your Expungement Petition

Under CP §10-105, you must file a Petition for Expungement with the court where your case was heard. Required documents:

General Petition for Expungement (District Court Form DC-CR 66A or Circuit Court Form CC-DR 66A):

• Your personal information (name, DOB, address, SSN)
• Case information (court, case number, arrest date, charge, disposition, sentence)
• Grounds for expungement (statutory eligibility met)
• Relief requested (order expunging record)

Civil Citation Expungement Request:

• CP §10-105.1 — civil citations (minor offenses) can be expunged 3 years after issuance
• Shorter form than full petition
• No filing fee

Proposed Order of Expungement:

• Draft order for judge to sign if petition granted
• Specifies records to be expunged and agencies notified

Verification Statement:

• Sworn statement verifying petition contents are true
• Notarized or signed under penalty of perjury

This paperwork is complex. jurisdiction-correct expungement templates from Jurist-Diction ensure your application meets Maryland's exact requirements.

Step 4: File in the Correct Court

File your petition with the court where your case originated:

• District Court of Maryland (misdemeanors, civil citations)
• Circuit Court (felonies, appeals from District Court)

Filing fees (as of 2026):

• General expungement: $0 (fee waiver granted for most expungements under CP §10-106(c))
• Civil citation expungement: $0
• Peace order expungement: $0

Maryland waived filing fees for most expungement petitions in 2024. Some counties may charge a small administrative fee ($5–$15), but many are completely free.

Step 5: Notify Required Parties

Under CP §10-105(e), the court will notify:

• State's Attorney (prosecutor)
• Victim (if one exists and requested notification)
• Maryland State Police (CJIS central repository)
• Other agencies (court clerks, police departments, FBI)

The court handles service — you don't need to serve anyone yourself.

Step 6: Waiting Period (Prosecutor Review)

After filing:

• State's Attorney has 30 days to object or consent
• Most prosecutors consent if:
• Statutory eligibility met
• No new convictions
• Sufficient time passed (10+ years for most convictions)
• Good character references
• Productive, law-abiding life since conviction

If prosecutor objects, they must state reasons (public safety, nature of offense, pattern of behavior).

Step 7: Hearing (If Contested)

If prosecutor objects or judge questions eligibility, a hearing is scheduled. You'll receive notice by mail.

At the hearing:

• Judge asks questions about your background, rehabilitation, and reasons for expungement
• Prosecutor may present evidence against expungement (new arrests, pattern of behavior)
• You may testify (or have your attorney speak)
• Character witnesses may testify on your behalf

If judge is satisfied expungement is appropriate, they'll sign an Order of Expungement.

Step 8: Order Sent to Agencies

If granted, the court sends the expungement order to:

• Maryland State Police CJIS (updates state criminal history database)
• Federal Bureau of Investigation (FBI) (updates NCIC database)
• Court clerks (destroy or seal case files)
• Police departments (arresting agencies)
• Other agencies (Department of Corrections, probation departments)

These agencies must update their records within 30–60 days. Your record is then erased from public view.

Maryland Expungement Costs

Breakdown of typical expenses:

Total estimated cost: $25–$100 if you file yourself (pro se). Hiring an attorney increases cost but improves your chances for:

• Complex cases (objections from prosecutor)
• Multiple convictions (check eligibility carefully)
• Uncertain eligibility
• Prior denials

Fee waivers are automatic for most expungements (CP §10-106(c)). Maryland waived filing fees for expungement petitions in 2024.

jurisdiction-correct Expungement templates

If your expungement is straightforward (eligible offense, waiting period met, no new convictions), you can file pro se (without an attorney). jurisdiction-correct expungement documents from Jurist-Diction include:

• Professionally drafted Petition for Expungement
• Proposed Order for judge's signature
• Verification Statement
• Filing instructions for your county
• Checklist of required documents

All starting at $47 — a fraction of attorney fees.

Templates are for informational purposes only and do not constitute legal advice. For contested cases, prior denials, or complex criminal histories, consult a licensed Maryland attorney.

What Happens After Expungement?

Employment Background Checks

Once your record is expunged:

• Most employers won't see the expunged offense on background checks
• Maryland Judiciary Case Search will show "EXPUNGED" or remove the record entirely
• You can legally deny the conviction on most job applications

Exceptions: Who Can Still See Expunged Records?

Expungement in Maryland is nearly absolute. Limited access remains for:

• Law enforcement (police, prosecutors, courts, probation/parole)
• Correctional facilities (if incarcerated again)
• Firearm licensing (regulated firearm applications may require disclosure)
• Certain professional licenses (teaching, nursing, law enforcement, childcare) — may require disclosure
• Military/government security clearances — expunged records must be disclosed
• Immigration authorities (USCIS, ICE, CBP)

Always be honest on applications that ask: "Have you ever been convicted of a crime, including expunged records?" Lying can have worse consequences than the original conviction (perjury, fraud, license revocation).

Firearm Rights

Expungement may restore firearms rights if your conviction was the only barrier:

• Misdemeanor convictions (non-violent): expungement + governor's pardon may restore rights
• Felony convictions (even if expunged): federal law prohibits felons from possessing guns (18 U.S.C. §922(g)(1))
• Domestic violence misdemeanors: expungement does NOT restore firearms rights (federal prohibition under 18 U.S.C. §922(g)(9))

If you want to own firearms after a disqualifying conviction, you may need:

• Expungement (clears Maryland record)
• Governor's pardon (restores civil rights, may include firearms)
• Relief from disabilities (federal process, very rare)

Maryland Expungement FAQs

Can I expunge a DUI in Maryland?

No. DUI/DWI convictions are ineligible for expungement under CP §10-106, even for 1st offenses. However:

• DUI dismissals or acquittals (not guilty, nolle prosequi) CAN be expunged immediately
• PBJ (Probation Before Judgment) for DUI — technically not a conviction, but case remains on record (can't be expunged but shows "PBJ" not "guilty")

How long does the expungement process take?

• Uncontested (prosecutor consents): 2–4 months from filing to order
• Contested (objection or hearing): 6–9 months depending on court availability
• Automatic marijuana expungement: Already completed (as of 2025)

Do I need an attorney for expungement?

Not required. Many people file successfully pro se using jurisdiction-correct templates. However, consider hiring an attorney if:

• Prosecutor objects
• You have a complex criminal history (multiple convictions, felonies)
• Your case involved violence or sex offenses (check eligibility — may be ineligible)
• You're unsure about eligibility
• You were previously denied

What if my expungement is denied?

You can:

1. Re-file after addressing the reason for denial (e.g., wait longer, gather more rehabilitation evidence)
2. Appeal the decision (within 30 days to Circuit Court)
3. Seek a pardon from the Governor (restores civil rights, can't expunge but provides relief)
4. Apply for a Certificate of Rehabilitation (some professional licenses accept this)

Can I expunge federal charges in Maryland?

Federal expungement is extremely rare and only available in very limited circumstances (e.g., DNA exoneration, First-Time Offender Act for simple drug possession). Most federal convictions cannot be expunged. Consider:

• Presidential pardon (only path for most federal convictions)
• Certificate of Rehabilitation (federal, limited availability)

Will expunged records show up on FBI background checks?

Once Maryland expunges your record and notifies the FBI, the National Crime Information Center (NCIC) database should be updated. However, errors happen. Verify your FBI rap sheet after expungement by requesting an Identity History Summary Check from the FBI.

Can I expunge juvenile records in Maryland?

Yes. Juvenile delinquency records are handled differently under Maryland Juvenile Justice Code. Many juvenile records are sealed automatically when you turn 21 (or earlier in some cases). If not automatically sealed, you can petition the juvenile court.

What's the difference between expungement and a shielded record?

• Expungement (CP §10-105): Record physically destroyed or erased from public view, nearly absolute (only law enforcement access)
• Shielding (CP §10-120): Limited to domestic violence protective order cases where final order is NOT issued. Shielded records are hidden from public but not destroyed (still accessible to law enforcement and courts). Shielding is automatic, requires no filing.

Getting Started

Expunging your criminal record in Maryland opens doors to employment, housing, and financial freedom. If you're eligible and ready to move forward, Jurist-Diction's jurisdiction-correct Maryland expungement documents include everything you need to file with confidence — starting at $47.

Don't let an old mistake hold you back forever. Clear your record, restore your reputation, and move forward with a clean slate.

Templates are for informational purposes only and do not constitute legal advice. For complex situations, consult a licensed Maryland attorney.

Last updated: March 2026 | Jurist-Diction covers expungement documents for: NY, NJ, PA, MD, DE, MS, TN