MARYLAND EXPUNGMENT CRITERIA

Md. Code Ann., Criminal Procedure, 10-105

A person may petition for expungement of a police or court record if:

(1) the person has been acquitted; (2) the charge was otherwise dismissed; (3) a probation before judgment has been entered (in most cases); (4) a nolle prosequi has been entered; (5) the criminal charge has been marked stet; (6) a charge of assault has been dismissed pre-trial; (7) the case was transferred to the juvenile court; or (8) the person:

i. has been convicted of only 1 criminal act which is not a crime of violence, and ii. has been granted a full and unconditional pardon by the Governor.

A petition for expungement based on a probation before judgment or a stet may not be filed earlier than the later of:

(i) the date the petitioner was discharged from probation or the requirements of obtaining drug or alcohol abuse treatment were completed; or (ii) 3 years after the probation was granted or stet with the requirement of drug or alcohol abuse treatment was entered on the docket.

Otherwise, a petition for expungement based on an acquittal, a nolle prosequi, or a dismissal may not be filed within 3 years after the final disposition and completion of any other terms of the sentence. A petition for expungement based on a full and unconditional pardon by the Governor may not be filed later than 10 years after the pardon was signed by the Governor.

Other Maryland State Statutes

• Notice of Appeal

• Effects of a Drunk Driving Charge on Driver's License

• Statutory Rape Limitations

• Juvenile Court Jurisdiction

• Expungement

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