If you are seeking a Maryland expungement please review the expungement overview below. Check back often or Sign Up for an email alert when the Maryland Expungement Kit is ready.
Requirement(s) to qualify for an expungement in the state.
- If you have been charged with a crime, including a traffic violation for which a term of imprisonment may be imposed, you may file a petition for expungement if
- You were found not guilty
- The charge was dismissed
- The charge resulted in probation before judgment (excluding charges of driving while under the influence or driving while impaired)
- The State's Attorney did not prosecute (nolle prosequi) your charge
- The Court indefinitely postponed your case (stet)
- Your case was compromised (settled)
- You were convicted of only one non-violent criminal act and you were granted a full and unconditional pardon by the Governor
Additional restrictions on who can qualify for an Expungement
The waiting period required for filing a petition for expungement varies, depending on how your case was concluded and whether you file a General Waiver and Release form.
If your petition is based on an acquittal, a nolle prosequi, or a dismissal, you may not file a petition within three years after the disposition, unless you also file a General Waiver and Release of all legal claims and lawsuits arising from the charge.
If your petition is based on a probation before judgment, you may file after either:
At least 3 years have passed since the disposition or you have been discharged from probation, whichever is later.
If your petition is based on a compromise, you may not file within 3 years of your case's disposition.
What does it mean if you have a record expunged or sealed? (i.e., can you legally deny the conviction or arrest? Does anyone have access to the sealed/expunged records? Are they destroyed?)
Expungement is often equated to the sealing or destroying of legal records. Expungement can be viewed as the process to "remove from general review" the records pertaining to a case. But the records may not completely "disappear" and may still be available to law enforcement.
Generally, all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system can be expunged. Each state sets its own guidelines for what records can be expunged.
Are you eligible for a Maryland Expungement? Most crimes can be expunged. For a description of the crimes that cannot be expunged, click here .
Be sure to check the site often
as we are in the process of adding the Expungement
Kit for the State of Maryland soon.