Clearing A Record
Crim. Proc. § 10-105 and § 10-110 — expungement of charges that did not end in conviction, and of listed convictions after waiting
- Acquitted, or the charge dismissed.
- Probation before judgment, with exceptions for some drunk and drugged driving charges.
- Nolle prosequi, or a stet on the docket.
- Convicted of possession of cannabis.
- Convicted of something that is no longer a crime.
- Convicted of nuisance offenses such as panhandling, loitering, or drinking in public.
Those outcomes, among others in the section, let a person petition to expunge police and court records of the charge. Most have a wait: a petition based on an acquittal, nolle prosequi or dismissal may not be filed within 3 years unless it includes a release of tort claims arising from the charge, and probation before judgment waits until probation ends or 3 years, whichever is later, or 15 years for drunk driving under subsection (a) or (b). A court may grant one at any time for good cause.
Section 10-110 reaches convictions for a long list of misdemeanors, including theft, second degree assault, disorderly conduct, trespass, malicious destruction and driving while suspended, and a few felonies, after waiting from the completion of the sentence.
| Conviction | Wait after the sentence is complete |
|---|---|
| ConvictionMost listed misdemeanors | Wait after the sentence is complete5 years |
| ConvictionSecond degree assault or common law battery | Wait after the sentence is complete7 years |
| ConvictionMost listed felonies | Wait after the sentence is complete7 years |
| ConvictionFelony theft and some burglaries | Wait after the sentence is complete10 years |
| ConvictionA domestically related crime | Wait after the sentence is complete15 years |
A new conviction during the waiting period makes the earlier one ineligible unless the new one becomes eligible, and nobody with a pending criminal case is eligible. The State's Attorney, and for a conviction any listed victim, has 30 days to object; with no objection the court orders the records expunged, and custodians confirm compliance within 60 days.
Sources for this section (2)
- Md. Code, Crim. Proc. § 10-105 — Expungement of charges
- Md. Code, Crim. Proc. § 10-110 — Expungement of convictions
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maryland attorney.