Which charges can be expunged from your record in Maryland?

On Behalf of | Jan 24, 2022 | Criminal Defense

College students who get into trouble with the law may have concerns about the impact of their criminal record on their job prospects. Maryland law allows residents to request an expungement of some types of criminal charges.

Which charges can you request an expungement for?

Expungable charges if you do not receive a conviction

If the police arrest you but do not charge you with a crime, your arrest is automatically expunged from your record within 60 days of your release from jail. If the police arrest you and charge you with a crime, but  you do not receive a conviction, you can request expungement of the charge if you meet the criteria:

  • Judge dismissed the charge
  • Court indefinitely postponed the case
  • Prosecutor dropped the charges
  • You received probation without judgment, except for DUI charges
  • You settled your case
  • You received a not guilty verdict

Usually, you must wait three years to request expungement, unless you can demonstrate why the court should expunge your case earlier. If you have additional criminal convictions or pending criminal proceedings, you can not get your record expunged. Some charges, such as DUI probation, are not expungable.

Expungable charges if you receive a conviction

Some convictions for felony theft, drug possession, home invasion and burglary are expungable, but you can not request it until 15 years after you complete your sentence. Many misdemeanor charges, including drug possession, are expungable 10 years after you complete your sentence. Some nuisance crimes are eligible after three years.

Many criminal charges do not have to stay on your record forever. However, in many cases, you will have to live with your criminal record for several years before you can request an expungement.

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