Maryland: Adult Non-Conviction Arrests (MD-NC-2)

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.

Record Detail(s)

Charges not filed

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Automatic

Remedy

Expunge

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The procedure is automatic. Within 60 days of the person's release, the arresting agency must expunge all records of the arrest and send notice to the person and agencies. For the specific procedure, see Md. Code Ann., Crim. Proc. § 10-103.1 et seq.

Fees

No fees or costs can be required. Md. Code Ann., Crim. Proc. § 10-103.1(f).

Effect

The records are removed from public inspection. Md. Code Ann., Crim. Proc. § 10-101(d), (e). Thereafter, the records can be obliterated. Md. Code Ann., Crim. Proc. § 10-103.1(d).

Waiting Periods

The record is expunged within 60 days of release.

Back to Maryland