If you have been arrested, convicted, or served time for a crime, you may be eligible to have your records expunged in Maryland. Expunging your criminal record means erasing it – you have served your time, paid for your crimes, and shown in good faith you are a law-abiding citizen after a reasonable amount of time has passed. While not all crimes are eligible to be expunged from a record, it is always worth looking into your options.
Expunging a criminal record allows you a fresh start: the arrest or conviction will not appear in public-facing records, such as criminal background checks, and you can legally deny the charges on applications or in interviews. You can move forward with confidence that the past is behind you.
As of April 2026, the Maryland Senate has passed the Clean Slate Act of 2026 and it is going for further consideration. This will allow qualifying records to be expunged automatically. With or without the Clean Slate Act, you may have options to expunge or shield your arrest records from criminal background checks.
Learn more about expungement in Maryland, what the Clean Slate Act of 2026 is in Maryland, and how a criminal defense attorney can help you shield your criminal history. At Saller, Ernstberger, & McElroy, we assist with criminal records every day. Learn what your options are and call our office in Baltimore, MD for a consult. It’s time for a fresh start.
What is Expungement
Expungement is the legal process of erasing or “cleaning up” your criminal record. It is available for arrests without convictions and some guilty convictions.
If granted, expungement will completely remove the criminal record from your history. It will not be accessible in public-facing records or by law enforcement and the courts. In some cases, you may be granted a shielded record, which removes it from all public-facing records, but it is still accessible by law enforcement and courts.
Please note that if a private database has information about your public record, expungement will not remove it from their database. Expungement only applies to the Maryland court system. You may have to contact private databases directly once your expungement has been approved.
Expunging vs Shielding a Record
Expunging a record in Maryland completely removes it from your criminal history. It is not accessible by the courts, law enforcement, or public-facing background checks.
Sealing, otherwise known as shielding a record in Maryland, removes it from public-facing background checks and allows the arrest to be legally denied on applications or in interviews. However, law enforcement and courts will still have access to the records. Records that may not be eligible for expungement may qualify for sealing. Follow up with a criminal defense lawyer to discuss your circumstances and review your options.
The Benefits of Expunging a Record
You may not know this, but arrests without convictions or cases that were dismissed still show up on your criminal record. This information is public and appears in background checks, which may be run by potential employers, landlords, or other professional organizations. Your arrests may also appear in the public judiciary case search, which is accessible to all persons.
You may want to consider expunging your record to assist with:
- Employment
- Housing
- School and College
- Relationships
- Other Government Services or Applications
What Cases Qualify for Expungement
Not all cases qualify for expungement in Maryland. Felonies vs misdemeanors are both eligible, depending on the details. Most guilty verdicts do not allow your record to be expunged for many years.
If you are unsure about your arrest or conviction and what options are available to you, contact the criminal law attorneys at Saller Law. Our team can assist you with options, paperwork, documentation, requests, and more. In cases where expungement is not an option, a shielded record may be available. Call us today for more information.
Cases That Qualify for Expungement in Maryland:
- You were acquitted; found not guilty of the crime
- The case was dismissed
- PBJs: You received a Probation Before Judgment; please note that expungement may not be available for alcohol-related driving offenses, even with a PBJ
- A Nolle Prosequi, otherwise known as “Noll Pros”, in which the prosecutor dropped the case before or during trial
- Your case was placed on “stet docket”, otherwise known as indefinitely postponed
- Your case started in adult court but moved to juvenile court; please note that there are two separate records for adult and juvenile courts, and juvenile expungement follows a separate process. Saller Law juvenile defense lawyers can help you navigate how to expunge each record
- You were found Not Criminally Responsible for a Nuisance Crime
What is a Nuisance Crime?
You may be found Not Criminally Responsible for minor offenses that are considered Nuisance Crimes. If you are found Not Criminally Responsible for one of these crimes, your record is eligible to be expunged:
- Urination or defecation in a public place
- Panhandling or soliciting money
- Consuming alcohol in a public place
- Obstructing the passage of another person in a public place
- Sleeping on park structures, such as benches or doorways
- Loitering or trespassing
- Vagrancy
- Misuse of a telephone
- Disturbing the peace
- Riding a transit vehicle without paying
Exceptions to Otherwise Eligible Cases
Your case may not be eligible for expungement, even if it meets the above criteria. Always be aware of your criminal history and what your options are. A criminal law attorney at Saller Law can help you navigate the complex procedures and provide you with options.
Your case may not be eligible if:
- You received a PBJ and were convicted of a new crime within 3 years; this does not apply if the new conviction was a minor traffic violation or an action that is no longer a crime
- You have current criminal proceedings pending against you
- You are convicted of a crime during the expungement waiting period; this does not apply if the subsequent conviction becomes eligible for expungement
- Your PBJ was for alcohol-related driving offenses
- Your request is for aliases or cases of identity theft
The Unit Rule
Your case may not be eligible to be expunged if it falls under The Unit Rule. The Unit Rule applies if you have more than one offense related to the same incident, transaction, or set of facts. If your incident resulted in three separate charges, for example, and you were convicted of one but the other two were dropped, those dropped charges cannot be expunged unless the convicted charge can be expunged.
The Unit Rule does not apply to minor traffic violations or cannabis possession, even if convicted; you are still eligible to get related offenses expunged.
Automatic Expungement
Cannabis Related Arrests
Automatic expungement can apply to dispositions after October 1, 2021. Any records held by the police, the court, or other state agencies related to cannabis possession may qualify for automatic expungement. If your charge was acquitted, dismissed, found not guilty, or nolle prosequi (the charges were dropped without issuing drug or alcohol related treatment), then the records will be automatically expunged after 3 years. You will receive a notice addressed to your last known address on file with the courts.
Arrests with No Charges
If your arrest was on or after October 1st, 2007 and you were not charged with a crime, your arrest will be automatically expunged within 60 days of your release from custody. Prior to October 1st 2007, you will have to contact the local arresting police department and ask them to clear the record.
The Clean Slate Act of 2026
As of March 2026, the Clean Slate Act of 2026 has been passed through the Maryland Senate and is going through the rest of the review and approval process. The bill would allow the automatic expungement or shielding of certain records as soon as someone becomes eligible, without the required submission of documents and filing with a lawyer. So far, 13 states and DC have passed Clean Acts in the past three years that automate shielding records in order to allow citizens a second chance.
If passed, the new automated system would use existing eligibility criteria and the current waiting periods. It would apply primarily to misdemeanor convictions and a short list of felonies related to drug offenses. The records would be shielded from public view, but still be accessible by police law enforcement and court systems.
To monitor the status of the Clean Slate Act in Maryland, please visit: https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/SB0483?ys=2026rs
Peace and Protective Orders
Shielding a peace order in Maryland is a different process than requesting a standard expungement of a criminal record. Contact our lawyers today to discuss options related to Peace and Protective Orders in Maryland.
Wait Times for Eligible Expungement Records
When you can request an expungement of a record is based on the crime, the charge, and the sentencing. Please review the following timelines to know when you can submit your request. If you are unsure, work with a criminal defense attorney at Saller Law to explore your options and prepare your documentation.
If You Were Found Guilty
Maryland law allows certain criminal convictions to be expunged after completion of the sentence, including parole, probation, or mandatory supervision. When you can file expungement for a charge you were found guilty of depends on the crime. To determine your eligibility for expungement, the court considers your success at probation, parole, or supervision, and whether you have paid any monetary restitution as ordered by the court, or if you do not have the ability to pay.
3-Year
These crimes are eligible for expungement 3 years after a guilty conviction or the satisfactory completion of sentencing, including parole, whichever is later.
- Nuisance crimes (see above)
- Cannabis possession, with intent to distribute
5-Year
Certain misdemeanor convictions may be expunged after 5 years, either from the date of the guilty conviction or from the date of satisfactory completion of sentencing, including probation, whichever is later. These crimes include:
- Disorderly intoxication
- Possession of a controlled dangerous substance (CDS)
- Use or possession of drug paraphernalia
- Unauthorized manufacturing, distributing, or dispensing of a controlled dangerous substance
- Some burglary, trespass, and property crimes
- Breaking and entering of a motor vehicle
- General theft
- Littering or illegal dumping
- Disturbing the peace or disorderly conduct
7-Year
Second-degree assault and common law battery convictions may be eligible for expungement 7 years from the date of guilty conviction or the satisfactory completion of sentencing, including parole, probation, or mandatory supervision, whichever is later.
10-Year
Burglary in the first or second degree or theft under general theft provisions may be eligible for expungement 10 years from the date of guilty conviction or the satisfactory completion of sentencing, including parole, probation, or mandatory supervision, whichever is later.
15-Year
A domestic-related crime may be eligible for expungement 15 years from the date of guilty conviction or the satisfactory completion of sentencing, including parole, probation, or mandatory supervision, whichever is later.
A PBJ for driving under the influence or while impaired (DUI and DWI) may be eligible for expungement 15 years after you were discharged from probation. You are not eligible if you were convicted of a crime or received a PBJ for a subsequent DUI/DWI during the 15 years since the original charge.
What Cases Cannot be Expunged in Maryland
More serious criminal charges cannot be expunged in Maryland. These are often felonies or crimes related to violent or sexual offenses. Always discuss your criminal history with your attorney to review your options. In some cases, you may look into shielding your record or requesting a pardon. In most situations, these charges cannot be expunged in Maryland:
- Violent crimes
- Sexual offenses requiring registration
- Alcohol-related driving offenses, DUIs, and DWIs
- Repeat offenses
- Crimes involving harm to another person
- Pending court proceedings
- Driving incidents related to fatal accidents
- Convicted of a new crime while in the expungement waiting period
The Expungement Process in Maryland
You will want to work closely with a criminal defense lawyer to request your expungement in Maryland. They can complete and file your paperwork, handle denials and appeals, and thoroughly examine your criminal history to confirm you are eligible for expungement.
1. Confirm Eligibility and Review Criminal History
Before you begin the expungement process, ensure you are eligible to have your criminal history expunged. You can review your criminal records online through the Maryland judiciary case search to find exact dates and the status of your criminal history.
2. Court Forms
Ensure you have all of the proper forms for your expungement. This includes the Petition for Expungement of Records for acquittals, dismissals, probation before judgments, nolle pros, stets, certain not criminally responsible dispositions, and eligible guilty dispositions.
3. File Your Petition
File your petition and submit your documents to the court that heard your case. There will be a $30 filing fee for most cases that is non-refundable. There is no fee to file a petition to shield your records.
4. State Review
The State’s Attorney will review the expungement request. They have 30 days to file an objection to the request. If no objection is filed, the court will remove the charges from the police and court records.
5. Hearing (If An Objection is Raised)
If the State’s Attorney files an objection, a hearing will be scheduled to review and argue on behalf of your expungement. Your criminal defense attorney may attend and present a defense on your behalf to have the expungement approved. You will receive a notice in the mail of this hearing with a date and time to attend.
6. Approval and Completion of Expungement
Once the expungement request has been approved, it will take 60 days to complete the process. You will receive a copy of the order in the mail as well as a Certificate of Compliance from each agency required to expunge their part of your record.
7. Appealing a Denied Expungement Request
You have 30 days from the date of your hearing to file an appeal if the judge denies your expungement request. During this process, your lawyer may advise requesting a shielded criminal history vs expungement, in order to remove your criminal record from public directories.
Contact Saller Law for More Info on the Maryland Expungement Process
Knowing if you are eligible to expunge your criminal record in Maryland can be confusing. While most guilty convictions are stated not to be eligible, if you meet the required waiting period, monetary payments, and sentencing, you may qualify for expungement. You may also wonder if your previous cannabis related offenses qualify and how to go about requesting their expungement.
Don’t worry about navigating the process alone. Saller Law’s criminal defense attorneys can help. We can review your criminal record, monitor the Clean Slate Act, and help determine what options you are eligible for. Even a shielded criminal record can open up opportunities for employment, continuing education, housing, and more.
Call us today for a consult and we will review your case and let you know what you qualify for. Get back your life and get back on track.
Frequently Asked Questions
What does a shielded criminal record mean vs expungement?
An expunged criminal record removes the convictions entirely from all databases, including law enforcement and court systems. A shielded criminal record removes the convictions from public view, including background searches or judicial case searches. With a shielded criminal record, you do not have to admit to questions regarding arrests and convictions on applications and in interviews.
How can I view my criminal record?
Your criminal record is available via the Criminal Justice Information System (CJIS). You can also request a copy in person by visiting the CJIS – Central Repository in Baltimore or a state police office near you. A fee by credit card or check is required; cash is not accepted.
How long does it take to expunge a record in Maryland?
The process may take up to 90 days. If the State’s Attorney objects to your petition, it may take 60 days after your hearing if the expungement is then approved. Your lawyer can assist with the timeline regarding filing, the hearing, and any appeals that may be needed.
How much does it cost to expunge a record in Maryland?
The petition is $30 to file, although dismissed cases or acquittals may have no fees. Your lawyer may charge their rate to assist with documentation, representation, consulting, and other services. This is often a wise investment to ensure your expungement petition is granted.
Can I expunge more than one case at a time?
Yes, you may request multiple expungements at once, which may reduce filing fees, especially for related cases. Our lawyers can advise on the best course of action to clear your criminal record.
Do I need an attorney for an expungement in Maryland?
No, you may file your expungement petition without an attorney. However, an attorney can review and consult on your criminal record to verify if you are eligible and may represent you if a hearing is required. It is advised to consult an attorney first.
