The following is an informative guide to the three to six-month expungement process in the state of Maryland.
Maryland Expungement Process:
- The application, which can be obtained from the Clerk’s office, is first completed by the defendant. It is best to do this with a lawyer as process fees are nonrefundable and applications will be dismissed on account of errors.
- The completed application is taken to the Court Clerk in the county where the charges were filed against the defendant.
- The Clerk transfers the application to the State’s Attorney’s office for review.
- Approved cases are expunged and cleared from your record.
- The cases that are not approved are set in court for a hearing with a judge for review.
The cases that can be expunged immediately are:
- Dismissed cases that are entered Nolle Prosequi, a Latin term meaning dismissed.
- Cases where the defendant is found not guilty.
- Cases where the defendant is acquitted.
Special cases that have a 3 year waiting period:
- Dispositions of a Stet docket: With Stet docket, you are given conditions to complete before your case is dismissed. Some of these conditions include completing community service, anger management class, or obeying all laws for a certain period of time.
- Dispositions of Probation Before Judgment (PBJ): PBJ is where a guilty plea or finding is stricken from your record and you are placed on probation for a period of 3 years.
*A PBJ for a DUI/DWI (Driving Under the Influence/Driving While Impaired) is not expungable. You also cannot expunge any cases if you have an active criminal case pending.