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Published on 4/17/2024, 3:12:00 PM

New Maryland DUI & DWI Expungement Laws

Effective October 1, 2024, DUI and DWI cases in Maryland that resulted in a probation before judgment will be eligibile for expungement under new Maryland law.

Welcome to our comprehensive guide on the new Maryland DUI Expungement Law. If you or someone you know has been affected by a DUI charge, understanding the changes in expungement laws could be crucial for clearing personal records. At FrizWoods LLC, we specialize in navigating the complex terrain of DUI charges and expungements. This page aims to explain the recent legal changes and illustrate why having an experienced attorney can be pivotal in these cases.

Am I eligible for a DUI Expungement?

If you received a probation before judgement, and fifteen (15) years have passed since the PBJ was granted, then you may be eligible for a DUI expungement. If you violated probation, or received any convictions after your PBJ, you may not be eligible

These are the general guidelines for expungement. It is important to note that each case is individual, and you may or may not be eligible for expungement for a number of reasons.

What's New in Maryland DUI & DWI Expungement Law?

As of the latest legislative session, Maryland has enacted significant changes to how DUI offenses can be expunged. Here's a breakdown of what's new:

  • Expanded Eligibility: The law now allows for the expungement of DUI charges under specific conditions, broadening the scope beyond previous limitations.
  • Probation Before Judgment (PBJ): Individuals receiving PBJ for certain DUI offenses might now qualify for expungement, depending on the specifics of their case.
  • Waiting Periods: The law adjusts the waiting periods necessary before an expungement can be filed, which varies based on the nature of the DUI offense and any subsequent violations or convictions.

These updates aim to provide second chances to individuals with past DUI offenses who have demonstrated changes in behavior and compliance with the law.

Understanding DUI Expungement Eligibility

Eligibility for DUI expungement in Maryland depends on several factors, including the nature of the violation, the final disposition of the case, and subsequent criminal history. Here are some key points:

  1. Acquittal or Dismissal: If your DUI charge was acquitted or dismissed, you might be eligible for expungement.
  2. Probation Before Judgment: If you received a PBJ, your eligibility would depend on the specific DUI offense and whether you've completed the terms of your probation without further incidents.
  3. Subsequent Offenses: If you have been convicted of other crimes after your DUI, it may affect your eligibility for expungement.

It's essential to consult with a legal expert who can provide guidance based on the specifics of your case.

How to Apply for DUI Expungement

Applying for expungement involves several steps, including filing a petition with the court that handled your DUI case. Here's a general process:

  1. Collect Your Records: Gather all documents related to your DUI charge, including court documents and records of any related legal proceedings.
  2. File a Petition: Submit a petition for expungement to the appropriate Maryland court. This petition must outline the grounds for your request.
  3. Notification and Objections: Once filed, the State's Attorney will review your petition. They can object to the expungement, in which case a hearing may be scheduled.
  4. Court Hearing and Decision: If there's a hearing, the court will assess whether you meet all criteria for expungement. If approved, the court will order the expungement of your records.

Why Hire an Attorney?

Navigating the expungement process can be complex, particularly with the recent changes in the law. Here are a few reasons why hiring an attorney can be beneficial:

  • Expert Guidance: An attorney can provide clarity on the law and evaluate how it applies to your specific situation.
  • Handling Legal Documents: Filing the correct documents on time is crucial. An attorney can ensure that all paperwork is handled properly.
  • Representation at Hearings: If your expungement is contested, having an experienced attorney to represent you during court proceedings can significantly impact the outcome.

Frequently Asked Questions

Q: How long do I have to wait before applying for a DUI expungement?
A: The waiting period depends on several factors, including the disposition of your case and any subsequent offenses. It's best to consult with an attorney to understand the specific waiting period applicable to your situation.

Q: Can a DUI expungement be denied?
A: Yes, expungements can be denied if you do not meet the eligibility criteria, such as having subsequent convictions or if the State's Attorney successfully objects to your petition.

Q: Does a DUI expungement remove all records of my arrest?
A: Yes, if granted, a DUI expungement will remove records of your arrest, trial, and any related proceedings from public access.

Q: How can I start my DUI expungement process?
A: You can start by consulting with one of our experienced DUI expungement attorneys at FrizWoods LLC to discuss your case and potential steps forward.