A criminal record can follow you for years — affecting your ability to get a job, rent an apartment, qualify for professional licensing, or get into college. The good news is that Maryland has significantly expanded its expungement laws in recent years, and the latest changes took effect on October 1, 2025. Many people who were previously ineligible may now qualify to clear their record.
This article explains who qualifies, what charges can be expunged, how long you have to wait, and how the process works.
Effective October 1, 2025, Maryland expanded expungement eligibility, removed barriers for people with prior probation violations, and added new offenses to the eligible list. If you were told you didn't qualify in the past, it may be worth checking again.
What Is Expungement?
Expungement is a legal process that removes certain criminal records from public court and law enforcement databases. Once expunged, the record is no longer visible to employers, landlords, or the general public through a standard background check. It is one of the most powerful legal tools available to people trying to move forward after a past criminal matter.
It is important to understand that expungement is not the same as a pardon, and it does not erase all records in every database. Private background check companies may still have information if they have not updated their databases — but expungement removes the records from official court and law enforcement files, which is what most employers and landlords rely on.
What Changed Under the Expungement Reform Act of 2025?
The Expungement Reform Act of 2025 made three significant changes, all effective October 1, 2025:
- Probation violations no longer automatically bar expungement. Previously, if you violated probation, you were permanently ineligible to expunge the underlying conviction. The 2025 law overrides this rule. Courts will now consider your overall success in completing your sentence rather than applying an automatic bar.
- Three new misdemeanor convictions were added to the eligible list: driving without a license, cashing a bad check, and using a stolen credit card. Driving without a license had long been a barrier — its absence from the eligible list often prevented otherwise qualifying cases from being expunged.
- Cannabis pardons removed from public view. Starting January 31, 2026, the Maryland Judiciary Case Search no longer shows cannabis convictions that were pardoned by Governor Moore in 2024.
Cases That Do NOT Result in a Conviction
If your case did not result in a guilty finding, expungement is generally available and the process is more straightforward. This includes cases that ended in:
- Acquittal (found not guilty at trial)
- Dismissal
- Nolle prosequi (State chose not to prosecute)
- Stet docket (case placed on inactive status — eligible after 3 years)
- Probation Before Judgment (PBJ) — eligible after 3 years for most offenses
Conviction Expungement — Waiting Periods
For actual convictions, Maryland law requires a waiting period after completion of your sentence (including any probation, parole, or supervision) before you can file for expungement:
| Offense Type | Waiting Period |
|---|---|
| Most nonviolent misdemeanors (over 100 eligible) | 5 years after completion of sentence |
| Second degree assault / domestically related crimes | 15 years after completion of sentence |
| Eligible nonviolent felonies | 7 years after completion of sentence |
| Stet docket cases | 3 years after the stet date |
| Probation Before Judgment (most offenses) | 3 years |
What Cannot Be Expunged?
Not all convictions are eligible. The following generally cannot be expunged:
- Most violent felony convictions (murder, robbery, carjacking, rape, etc.)
- DUI and DWI convictions (though dismissed/PBJ DUI cases may qualify after 15 years)
- Sex offenses that require registration
- Cases where one charge in the same case is ineligible — the "Unit Rule" may block expungement of all related charges
The Unit Rule is one of the most misunderstood aspects of Maryland expungement law. If you were charged with multiple offenses arising from the same incident and convicted of one that is ineligible, you generally cannot expunge any of the charges from that case — even those that were dismissed. There are limited exceptions for minor traffic violations and cannabis possession.
How the Expungement Process Works
- Step 1 — Determine eligibility. Review your court records to confirm the disposition of each charge and whether waiting periods have been met.
- Step 2 — File the petition. Submit the appropriate petition form (Form CC-DC-CR-072 for most cases) along with required fees to the court where your case was heard.
- Step 3 — State's Attorney review. The prosecutor has 30 days to object. If no objection is filed, the court typically grants the petition.
- Step 4 — Court order issued. If granted, the court issues an expungement order directing all relevant agencies to expunge their records.
- Step 5 — Process completes. The full process typically takes approximately 120 days from filing to completion.
Does Expungement Remove the Record Everywhere?
Expungement removes your records from official Maryland court files and law enforcement databases. However, private background check companies that have already compiled data from public records may still have the information in their systems until they update their databases. Maryland law does not currently reach private databases, which is why working with an attorney to understand the full scope of your expungement is important.
Think You May Qualify for Expungement?
The eligibility rules are complex and depend on the specific disposition of your case. The Cohen Law Firm has helped clients expunge records throughout Maryland for over 30 years. Call us today for a consultation — we will tell you exactly where you stand.
📞 Call 410-332-0414This article is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this article. Contact The Cohen Law Firm at 410-332-0414 for advice specific to your situation.
Adam Sean Cohen, Esq.
Adam Sean Cohen has practiced criminal defense throughout Maryland for over 30 years. He is a Super Lawyers honoree with an AVVO rating of 10.0. Learn more →