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Published on 1/14/2026, 12:00:00 AM
Maryland Expungement of Certain Convictions: Criminal Procedure Section 10-110 Explained
People ask us all the time: “Can I clear this conviction?” Maryland’s Criminal Procedure Section 10-110 is one of the main statutes that allows expungement of certain convictions after a waiting period, if you meet specific eligibility rules.
This post breaks down what Section 10-110 says, in plain English, based only on the statute text.
If you are looking for a broader overview of record-clearing options, start here: Expungement and shielding.
First, a quick warning about domestic violence cases
“Domestic violence” is not always one single charge title in Maryland. Many DV cases are charged as assault offenses, and some charges can be “marked domestically related.” Your record-clearing timeline can change when domestic-related classifications apply. See: Domestic assault.
Also, protective orders are not the same thing as a criminal case. More on that below.
What Section 10-110 covers (big picture)
Section 10-110 lets a person file a petition “listing relevant facts” to expunge:
- police records
- court records
- and other records held by the State or local government
But it is not a blanket “anything can be expunged” law. It is tied to specific convictions and rules.
Which convictions can qualify under Section 10-110
Section 10-110(a) says a person may petition for expungement if the person is convicted of:
- Certain misdemeanors, including a long list of specifically named statutes and common-law offenses
- Certain felonies, limited to a smaller list
- Attempt, conspiracy, or solicitation of the listed misdemeanor or felony offenses
The key point is that the statute uses lists. Eligibility starts with: “Is the conviction one of the listed offenses?”
Where you file the expungement petition (which court)
Section 10-110(b) sets the filing location rules:
- General rule: file “in the court in which the proceeding began.”
- If transferred to another court: file in the court the case was transferred to.
- If transferred to juvenile court under the statute’s referenced transfer provisions: file in the original court that entered the transfer order.
- If appealed: file in the appellate court, and the appellate court can remand it back down.
When you can file (waiting periods)
Section 10-110(c) is where most people get tripped up. It sets waiting periods tied to “completion of the sentence.”
Here is what the statute says:
- Default rule: you generally cannot file earlier than 5 years after completion of the sentence.
- Criminal Law Section 3-203 (and common law battery): cannot file earlier than 7 years after completion of the sentence.
- Offense classified as a domestically related crime under Criminal Procedure Section 6-233: cannot file earlier than 15 years after completion of the sentence.
- Felony expungement under this section (general felony rule): cannot file earlier than 7 years after completion of the sentence.
- Possession with intent to distribute cannabis (Criminal Law Section 5-602): cannot file earlier than 3 years after completion of the sentence.
- Certain felonies listed in Section 10-110(c)(6): cannot file earlier than 10 years after completion of the sentence.
If you are not sure when your “completion of sentence” date is, or whether a domestically related classification changes your timeline, start with an eligibility review: Expungement and shielding.
Disqualifiers: what can block expungement
Section 10-110(d) lists major disqualifiers and “chain reaction” rules:
- New conviction during the waiting period: the original conviction is not eligible unless the new conviction becomes eligible.
- Pending criminal proceeding: not eligible while you are a defendant in a pending case.
- Unit rule: if you are not eligible to expunge one conviction in a unit, you are not eligible to expunge any other conviction in the unit.
Notice to the State’s Attorney and victims (and the 30-day objection window)
Section 10-110(e) lays out the notice process:
- The court must serve a copy of the petition on the State’s Attorney.
- The court must send written notice to each listed victim at the address in the court file, advising the victim of the right to provide additional information to the court.
- If the State’s Attorney or a victim does not object within 30 days after service, the court “shall” issue an expungement order for all police and court records about the charge.
If someone objects, the court holds a hearing
Section 10-110(f) says that if there is a timely objection, the court must hold a hearing.
After a hearing, the court orders expungement if it finds and states on the record:
- The conviction is eligible under the offense list (Section 10-110(a))
- The person is eligible under the disqualifier rules (Section 10-110(d))
- Considering the nature of the crime, the person’s history and character, and success at supervision and rehabilitation, the person is not a risk to public safety
- Restitution has been paid, or the person does not have the ability to pay
- Expungement is “in the interest of justice”
If the court finds a person is not entitled to expungement, Section 10-110(g) says the court shall deny the petition.
What happens after an expungement order
Section 10-110(h) requires each custodian of records covered by an expungement order to confirm compliance in writing:
- Within 60 days after entry of the order (unless stayed pending appeal)
- Notice goes to the court and the person seeking expungement
Appeals
Section 10-110(i) says the State’s Attorney is a party, and an aggrieved party can seek appellate review as provided in the Courts Article.
Protective orders vs. domestic violence criminal charges (the difference matters)
This comes up constantly in real cases, so here is the clean separation:
- Protective order (civil case): A protective order is a court order tied to safety and contact rules. It can include no-contact and stay-away terms, and it can move fast. See: Protective orders and Protective vs Peace Order: Quick Guide.
- Domestic violence criminal charges (criminal case): A DV allegation can lead to criminal charges like assault. A criminal case can create a criminal record and sentencing consequences. See: Domestic assault.
These two tracks can exist at the same time. A protective order hearing can happen quickly, and a criminal case can move on a separate timeline.
Also, a violation of an active order can create new criminal exposure:
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