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Maryland Expungement Guide: Determine Your Eligibility

Expungement is a process that allows individuals with certain criminal records to clear their record, improving opportunities for employment, housing, and other aspects of life. In Maryland, expungement eligibility depends on the specific outcome of your case, such as dismissal, probation, or specific convictions. This guide will help you determine if your record is eligible for expungement.

Please Note: This guide is not a substitute for legal counsel. Our team can help manage your expungement process to ensure your case is presented effectively.

Step 1: Was the Charge Dismissed or Acquitted?

If your case was dismissed or you were acquitted (found not guilty), you are eligible for expungement. Dismissed or acquitted charges are generally expungable without the waiting periods that apply to convictions.

Next Steps: Contact us to begin the expungement process if your charge was dismissed or acquitted.

Step 2: Were You Given Probation Before Judgment (PBJ)?

In Maryland, a “Probation Before Judgment” (PBJ) outcome allows for expungement in most cases. This includes cases where a judgment was withheld following a period of probation.

Next Steps: If you received a PBJ for an eligible offense and three years have passed since you received the PBJ, your record is likely expungable. Contact us to verify your case specifics.

• Exceptions: Certain offenses, like DUI charges, may take longer to become eligible for expungement under a PBJ.

Step 3: Was Your Conviction for an Expungable Misdemeanor or Felony?

Maryland law lists specific misdemeanor and felony convictions that may be eligible for expungement. To determine if your conviction qualifies, check if it falls within one of these categories:

Eligible Misdemeanors

The following types of misdemeanor convictions may be eligible for expungement:

• Alcoholic Beverages Violations (e.g., Section 6-320 of the Alcoholic Beverages and Cannabis Article)
• Theft or Property Crimes: Convictions such as petty theft (section 7-104) and certain property damage offenses (section 6-301).
• Minor Drug Offenses: Includes non-cannabis drug possession (section 5-601) and drug paraphernalia (section 5-619).
• Assault: Misdemeanor second degree assault convictions (section 3-203) are eligible but have specific waiting periods.
• Fraud or Financial Crimes: Various financial misdemeanors like bad checks (section 8-103) and credit card fraud (section 8-204).
• Gambling Offenses: Minor gambling-related offenses (section 12-102).

Eligible Felonies

Certain felony convictions may also be expungable under Maryland law:

• **Theft ** (section 7-104)
  -Motor Vehicle Theft (section 7-105)

• Possession with Intent to Distribute a Controlled Substance (section 5-602), with some restrictions.

• Burglary: Specific burglary convictions, including first, second and third-degree (section 6-202(a), section 6-203).

Next Steps: If your conviction falls within these categories, you may be eligible for expungement, but restrictions apply based on timing and any subsequent charges. Consult us to review your case and determine the specific eligibility.

Step 4: Confirm You Meet the Waiting Period and Conditions

For a conviction to be expungable, Maryland law requires a waiting period based on the type of conviction:

• General Misdemeanors: Expungement is possible after 5 years of completing your sentence, probation, or parole.
• Non Domestic Assault or Battery: Requires a 7-year waiting period.
• Domestically Related Crimes: Expungement may be available after 15 years.
• Felonies: Generally require a 7-year wait, except for specific felonies such as cannabis distribution offenses, which may allow for expungement after 3 years. Felony theft, and burglary in the first and second degree will have a 10 year waiting period.

Restrictions:

1. Subsequent Convictions: If you were convicted of a new crime during the waiting period, your expungement eligibility will be ineligible until and unless your new conviction is also expungable.
2. Pending Charges: You must not have any pending charges at the time of your petition for expungement.
3. Unit Rule: If your case involved multiple charges (a “unit”), and one charge within the unit is not eligible, none of the charges can be expunged.
4. Probation Violations: If you violated probation your charge will not be eligible for expugement.

Next Steps: If you meet the required waiting period and have no subsequent convictions or pending charges, your record may be expungable. Contact us for assistance in filing your petition.

Summary

Maryland’s expungement process has specific rules and conditions for eligibility. If you believe your case qualifies, our team can help you through the process to secure the best possible outcome. For more information on related topics, check out the following resources:

• DUI Expungement in Maryland
• Consequences of DUI Convictions
• Understanding Probation Before Judgment (PBJ)
• Differences Between Circuit and District Court

Feel free to reach out to us with any questions or to get started on your expungement journey.