Maryland: Adult Diversion/Deferral Program (MD-D-2)

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).

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

There is no statutory language regarding ineligible offenses.

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 completion of the required treatment.

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