Maryland: Juvenile Court Records and Law Enforcement Records (MD-AR-1)

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.

Record Detail(s)

Misdemeanor (adjudicated)

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Hearing

At court's discretion

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

See Md. Code Ann., Cts & Jud. Proc. § 3-8A-27.1 for ineligible offenses.

Procedure General

The petition must be filed in the court where the initial petition or citation was filed. Md. Code Ann., Cts & Jud. Proc. § 3-8A-27.1(b). The court will consider the best interests of the person, the person's stability in the community, and the safety of the public in its consideration of the petition for delinquency proceeding. Md. Code Ann., Cts & Jud. Proc. § 3-8A-27.1(d). For the specific procedure, see Md. Code Ann., Cts & Jud. Proc. § 3-8A-27.1.

Fees

There is a $30 filing fee, unless all records to be expunged relate to a charge of which the petitioner has been found not involved. See the court fee schedule at http://mdcourts.gov/circuit/feeschedule.pdf.

Effect

Expungement, with respect to a court record or a police record, means the removal of the record from public inspection either by obliteration, by removal to a separate secure area limited to persons with legitimate access, or if access to a court record or police record can be obtained only by reference to another court record or police record, by the expungement of it or the part of it that provides access. Md. Code Ann., Crim. Proc. § 10-101(e).

Forms

For an application to expunge a juvenile criminal record in Maryland, visit here.

Waiting Periods

The petition can be filed when the person is 18 or older, and at least two years have passed since the last official action in the case.

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