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Maryland
Adult Criminal Record Clearance Overview
Adult criminal records for cases in which you were convicted are eligible for expungement, sealing, or shielding in some situations. You have to file a petition in court to start the process.
- If you were convicted of a nonviolent offense as a first-time offender and later received a full and unconditional pardon, the record can be expunged 10 years after you receive the pardon. If you meet the criteria, the judge has to grant your petition.
- If you were convicted of certain low-level offenses, the record can be expunged three years after you complete your sentence. If you meet the criteria, the judge has to grant your petition.
- If you were convicted of certain misdemeanors, the record can be expunged 10 years after you complete your sentence. It is up to the judge whether or not to grant your petition.
- If you were convicted of misdemeanor assault in the second degree or certain domestically related offenses, the record can be expunged 15 years after you complete your sentence. It is up to the judge whether or not to grant your petition.
- If you were convicted of certain “shieldable” offenses, the record can be shielded three years after you complete your sentence. If you meet the criteria, the judge has to grant your petition.
- If you were convicted for something that has been decriminalized, the record can be expunged immediately. If you meet the criteria, the judge has to grant your petition.
- Records relating to a specified felony conviction can be expunged by the court 15 years after sentence completion.
- If you were convicted of prostitution because you were a victim of human trafficking, the conviction can be vacated. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition.
- Records related to acquittals, dismissals, not guilty, or nolle prosequi, except nolle prosequi with a requirement of drug or alcohol treatment, shall be expunged.
- Records relating to the entry of a probation before judgment or judgment of conviction in a criminal case may be vacated by the court on the ground that there is newly discovered evidence, or the interest of justice and fairness justifies vacating the probation before judgment or conviction.
- Records relating to a charge that was transferred to the juvenile court, can be expunged by the court.
- On or before July 1, 2024, the Department of Public Safety and Correctional Services shall expunge all cases in which possession of cannabis is the only charge in the case and the charge was issued before July 1, 2023.
Adult criminal records for cases in which you completed a diversion or deferral program are eligible for expungement in some situations.
- With certain exceptions, if you successfully completed treatment or probation before judgment, the record can be expunged three years after you are discharged, complete your sentence, or the disposition, whichever is latest.
- If you received a nolle prosequi on condition of drug or alcohol treatment, the record can be expunged when you successfully complete treatment. You have to file a petition in court to start the process, and of you meet the criteria, the judge has to grant your petition.
Adult criminal records for arrests for which you were never convicted are eligible for expungement or sealing in some situations.
- If you were arrested before October 1, 2007, but charges were never filed, the record can be expunged immediately. You have to submit a written petition to the law enforcement agency that arrested you, and it is up to the agency whether or not to grant your request.
- If you were arrested on or after October 1, 2007, but charges were never filed, the record should be automatically expunged within 60 days of your release.
- If the prosecutor entered a nolle prosequi on all charges before they were given to you, the record can be sealed immediately. Unless the prosecutor objects, the court can immediately expunge the record.
- If you were arrested and charged, but the charges were later dismissed, the prosecutor entered a nolle prosequi, or you were acquitted, the record can be expunged three years after your case closes. You have to file a petition in court to start the process, and if you meet the criteria, the judge has to grant your petition
Adult Criminal Record Clearance Policies
Convictions
Records relating to a first offender conviction of a nonviolent offense, for which a full and unconditional pardon has been granted, can be expunged by the court 10 years after the pardon is granted. Md. Code Ann., Crim. Proc. § 10-105(a)(8), (c)(4).
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Records relating to the entry of a probation before judgment or judgment of conviction in a criminal case may be vacated by the court on the ground that there is newly discovered evidence, or the interest of justice and fairness justifies vacating the probation before judgment or conviction. Md. Criminal Procedure Code Ann. § 8-301.1(a)(1).
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Records relating to a charge that was transferred to the juvenile court under § 4-202, can be expunged by the court. Md. Code Ann., Crim. Proc. § 10-105(a)(7).
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Records relating to a violation of §3-203 of the Criminal Law Article or common law battery can be expunged by the court 7 years after sentence completion. Md. Code Ann., Crim. Proc. § 10-110(a), (c)(2).
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Records relating to specified low-level offenses can be expunged by the court three years after sentence completion or a finding of not criminally responsible. Md. Code Ann., Crim. Proc. § 10-105(a)(9)-(10), (c)(6)-(7).
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Records relating to specified misdemeanor convictions can be expunged by the court 5 years after sentence completion. Md. Code Ann., Crim. Proc. § 10-110(a), (c)(1).
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Records relating to misdemeanor convictions for assault in the second degree or a domestically related offense can be expunged by the court 15 years after sentence completion. Md. Code Ann., Crim. Proc. § 10-110(c)(2).
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Records related to an eligible conviction can be shielded by the court three years after sentence completion. Md. Code Ann., Crim. Proc. §§ 10-303(a), 10-301(f).
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Records relating to a conviction for an act that is no longer a crime can be expunged by the court. Md. Code Ann., Crim. Proc. § 10-105(a)(11).
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Records relating to a prostitution conviction can be vacated by the court if the person's participation in the offense was a direct result of being a victim of human trafficking. Md. Code Ann., Crim. Proc. § 8-302.
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Records relating to a specified felony conviction can be expunged by the court 15 years after sentence completion. Md. Crim Proc. Code Ann. § 10-110(a)(2).
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On or before July 1, 2024, the Department of Public Safety and Correctional Services shall expunge all cases in which:
(1) possession of cannabis under § 5-601 of the Criminal Law Article is the only charge in the case; and
(2) the charge was issued before July 1, 2023. Md. Criminal Procedure Code Ann. § 10-112(b).
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Diversion/Deferral Program
Records relating to an arrest resulting in probation before judgment, "stet", or compromise under Md. Crim. Law Code Ann. section 3-307 can be expunged by the court upon discharge from probation, completion of treatment, or three years after disposition, whichever is later. Md. Code Ann., Crim. Proc. § 10-105(a)(3)-(6) and (c)(2), (5).
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Records relating to an arrest resulting in a nolle prosequi with the requirement of drug or alcohol treatment can be expunged by the court upon completion of the required treatment. Md. Code Ann., Crim. Proc. § 10-105(a)(4), (c)(3).
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Non-Conviction Arrests
Records related to acquittals, dismissals, not guilty, or nolle prosequi, except nolle prosequi with a requirement of drug or alcohol treatment, shall be expunged. Md. Criminal Procedure Code Ann. § 10-105.1(a).
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Records relating to an arrest occurring before October 1, 2007 for which no charges are filed, can be expunged by the law enforcement agency. Md. Code Ann., Crim. Proc. § 10-103.
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A record of arrest occurring on or after October 1, 2007, for which charges are not filed will be expunged within 60 days of the petitioner's release. Md. Code Ann., Crim. Proc. § 10-103.1.
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Records relating to a case in which a nolle prosequi is entered prior to service on the defendant can be expunged by the court. Md. Code Ann., Crim. Proc. § 10-104.
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Records relating to an arrest resulting in an acquittal, nolle prosequi, or a dismissal can be expunged by the court three years after the disposition, unless the petitioner files a written general waiver and release of all tort claims arising from the charge. Md. Code Ann., Crim. Proc. § 10-105(a)(1), (2), (4), and (c)(1).
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Juvenile Record Clearance Overview
Below is a general overview of when juvenile records can be sealed or expunged in Maryland. Please note that the Clean Slate Clearinghouse does not provide legal advice.
Read the legal policies and statutes for detailed statutory information.
Juvenile Record Clearance Policies Overview All juvenile records are eligible to be sealed. You have to submit a request to the court to start the process. If you are older than 21, the judge has to grant your request. If you are under 21, it is up to the judge whether or not to grant your request.
You may be eligible to have your juvenile record expunged if all the following are true:
- You are 18 or older;
- You have only one non-violent misdemeanor adjudication on your record;
- You have no open cases or pending charges;
- More than two years have passed since anything happened in your juvenile case;
- You have paid all restitution; and
- You are not required to register as a sex offender.
You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request.
Find a Lawyer
If you think you might be eligible to have your record sealed or expunged, find a lawyer who may be able to help you. Some lawyers might help you for free, although you may still need to pay a fee to file the paperwork in court.
Court Forms and Resources
If you cannot find a lawyer to help you, you may be able to file a petition on your own using these court forms and resources.
Juvenile Record Clearance Policies
Court Records
A record relating to charges against a child can be sealed on the court's own motion or by a petition for good cause shown any time before the person reaches 21 years of age. Md. Code Ann., Cts & Jud. Proc. § 3-8A-27(c).
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A record relating to charges against a child will be sealed upon petition or the court's own motion any time after the person reaches 21 years of age. Md. Code Ann., Cts & Jud. Proc. § 3-8A-27(c).
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Court Records and Law Enforcement Records
Records relating to a person who has only one misdemeanor adjudication can be expunged so long as the person is at least 18 years old, at least two years have passed since the last official action in any of the cases, and the person is not subject to a disqualifying event. Md. Code Ann., Cts & Jud. Proc. § 3-8A-27.1.
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Records relating to a person who has dismissed charges can be expunged so long as the person is at least 18 years old, at least two years have passed since the last official action in any of the cases, and the person is not subject to a disqualifying event. Md. Code Ann., Cts & Jud. Proc. § 3-8A-27.1.
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Find A Lawyer
Legal service providers located in the state.
Contact information for legal aid organizations, bar associations, and other organizations that engage in record clearance work is provided for informational purposes only. The NRRC does not endorse or recommend any organization or individual referenced on the site. If you are a legal service provider who offers record clearance services, please contact us.
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