Maryland: Adult Non-Conviction Arrests (MD-NC-4)

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).

Record Detail(s)

Charges resolved in favor of defendant

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 three years after the disposition, unless the petitioner files a written general waiver and release of all tort claims arising from the charge. 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).

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