Published on 8/11/2026, 12:00:00 AM
How Long Does a Misdemeanor Stay on Your Record in Maryland?
A misdemeanor conviction in Maryland stays on your record until you take action to expunge it. There is no expiration date. A conviction from 1995 is as visible today as one from last month.
Maryland law gives many people a path to clear their record through expungement. Whether that path is open to you, and how long you wait, depends on how your case ended and what you were charged with.
Your Criminal Record vs. the Public Court Record
Your record lives in two places, and expungement has to reach both.
The Criminal Justice Information System Central Repository maintains your official criminal record. Fingerprint-based background checks for jobs, security clearances, and professional licenses pull from this database.
The public court record is separate. Maryland Judiciary Case Search, the free website, lets anyone with your name look up your court cases in seconds, and employers and landlords check it.
Expungement addresses both. Under Criminal Procedure Section 10-101, expungement means removing the record from public inspection. Once a court expunges a record, it comes off Case Search and off standard background checks. Until then, it stays visible.
One narrow exception: Case Search cannot display cases where possession of cannabis was the only charge and the case was resolved before July 1, 2023.
If Your Case Didn’t End in a Conviction
Many misdemeanor charges end without a conviction. If your case ended in an acquittal, a dismissal, a not guilty verdict, or a nolle prosequi, Maryland law treats you well.
Under Criminal Procedure Section 10-105.1, these records are expunged automatically three years after the disposition, and you file nothing. You can also move faster than the automatic process: file a petition right away if you sign a general waiver releasing any civil claims arising from the charge, or petition three years after the disposition without one.
A stet, where the court indefinitely postpones your case, is also expungeable, generally three years after the stet was entered.
We walk through each of these dispositions in our full Maryland expungement guide.
Probation Before Judgment Is Not a Conviction, But It Still Shows Up
A probation before judgment, or PBJ, is one of the best outcomes short of winning outright. The court strikes the guilty finding and places you on probation. It is not a conviction.
A PBJ still appears on Case Search until you expunge it. Under Criminal Procedure Section 10-105, you can petition to expunge a PBJ at the later of two dates: when you are discharged from probation, or three years after the court granted the PBJ. A court can grant expungement earlier on a showing of good cause.
Drunk driving carries a big carve-out. A PBJ for DUI or DWI under Transportation Section 21-902(a) or (b) comes with a 15-year waiting period, and a new offense during that window ends your eligibility. We cover this in detail in our post on how long a DUI stays on your record.
One more trap: a conviction for a new crime within three years of a standard PBJ kills your ability to expunge that PBJ. Staying clean during the waiting period matters.
Which Misdemeanor Convictions Can Be Expunged, and When
Criminal Procedure Section 10-110 lists more than 100 specific misdemeanor convictions that can be expunged after a waiting period. The list includes common charges like theft, drug possession, second-degree assault, fourth-degree burglary, trespass, disorderly conduct, and malicious destruction of property.
The waiting periods run from the completion of your sentence, which includes any probation, parole, or mandatory supervision:
Five years is the general rule for listed misdemeanors. A misdemeanor theft conviction, for example, becomes eligible five years after you finish your sentence and probation.
Seven years applies to second-degree assault under Criminal Law Section 3-203 and common law battery.
Fifteen years applies to any offense classified as a domestically related crime under Criminal Procedure Section 6-233. If your assault or other charge carried that designation, the wait is much longer. Our post on expunging a domestic violence charge digs into how that classification works.
Two catches apply across the board. A conviction for a new crime during the waiting period makes your original conviction ineligible unless the new one eventually becomes eligible too. And under the “unit rule,” if one conviction in a case cannot be expunged, none of the convictions in that case can be.
The legislature has kept expanding eligibility. Our breakdown of the Expungement Reform Act covers the newest changes, and for the mechanics of filing under this statute, see our guide to 10-110 expungements in Maryland.
What If My Misdemeanor Isn’t on the List?
If your conviction is not among the offenses listed in Section 10-110 and does not fit another expungement category, it stays on your record.
A few narrow paths remain. If the conduct you were convicted of is no longer a crime, you can petition for expungement. A full and unconditional pardon from the Governor can open the door for a single nonviolent conviction. And certain records may qualify for shielding rather than expungement, which limits public access without erasing the record.
A short conversation with a lawyer at this stage saves you from filing a petition that is dead on arrival.
Background Checks, Jobs, Housing, and Licensing
Until you expunge a misdemeanor, assume it will show up. Employers running background checks, landlords screening tenants, and licensing boards for nurses, teachers, clearance holders, and commercial drivers all pull these records.
Once a court orders expungement, the record comes off Case Search and out of public inspection. File the moment you become eligible instead of waiting for a job offer to force the issue.
If you are facing a new charge right now, the disposition you fight for today sets your expungement timeline tomorrow. A dismissal or acquittal sets you up for automatic expungement. A PBJ keeps a conviction off your record and gives you a clear path to clean up Case Search. A conviction may mean a five, seven, or fifteen-year wait. Misdemeanor defense strategy matters even in “minor” cases for this reason.
Why Timing Matters
Three timing points to keep in mind.
First, your waiting period does not start at sentencing. It starts when your sentence is complete, including probation. A one-year probation term pushes your eligibility date back a full year.
Second, new charges reset the board. A fresh conviction during your waiting period knocks out your eligibility. If you are eligible now, file now.
Third, you cannot expunge anything while you are a defendant in a pending criminal case. An open charge has to resolve first.
FAQs
Q: Does every misdemeanor stay on your record forever in Maryland?
A: A misdemeanor conviction stays on your record until it is expunged. Many common misdemeanors listed in Criminal Procedure Section 10-110 become eligible for expungement after a waiting period, but convictions for offenses not on the list generally cannot be removed.
Q: Can a misdemeanor be expunged in Maryland?
A: Often, yes. Cases that ended without a conviction, including acquittals, dismissals, nolle prosequi, and stets, are broadly expungeable, and many are now expunged automatically after three years. Listed misdemeanor convictions can be expunged after five years, with longer waits for second-degree assault and domestically related crimes. Our Maryland expungement guide covers the full process.
Q: Will employers see my misdemeanor on a background check?
A: Until the record is expunged, yes. Maryland court cases are publicly searchable on Case Search, and convictions appear on criminal background checks. Once a court orders expungement, the record is removed from public inspection.
Q: Does a PBJ show up on my record?
A: Yes, until you expunge it. A probation before judgment is not a conviction, but the case remains visible on Case Search until you file a successful expungement petition, generally after you are discharged from probation or three years after the PBJ, whichever comes later.
Talk to a Maryland Expungement Lawyer
Figuring out your eligibility date, dealing with the unit rule, and filing in the right court can get complicated fast. At FrizWoods, we handle expungements and criminal defense across Prince George’s County, Howard County, Anne Arundel County, and throughout Maryland. If you want to know whether your record can be cleared, contact us for a free consultation. We will give you a straight answer.
