Maryland: Adult Diversion/Deferral Program (MD-D-1)

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).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

Probation before judgement for violations of section 21-902 of the Transportation Article or Title 2, Subtitle 5 or section 3-211 of the Criminal Law Article are ineligible for expungement. Md. Crim. Proc. Code Ann. § 10-105(a)(3).

Procedure General

The petition must be filed in the court in which the proceeding began or the court to which it was transferred, if applicable. The court can grant a petition for expungement at any time on a showing of good cause. Md. Code Ann., Crim. Proc. § 10-105(c)(8). For the specific procedure, see Md. Code Ann., Crim. Proc. § 10-105 et seq.

Fees

There is no statutory language regarding fees.

Effect

The records are removed from public inspection. Md. Code Ann., Crim. Proc. § 10-101(d), (e).

Forms

For information regarding expunging a criminal record in Maryland, visit this site.

Waiting Periods

The petition can be filed upon discharge from probation, completion of treatment, or three years after disposition, whichever is later.