Can You Expunge a DUI in Maryland?

If you have a DUI or DWI on your record in Maryland, one of the first questions you are likely asking is whether it can ever be cleared. The answer depends almost entirely on how your case was resolved. A charge that ended without a conviction is treated very differently from one that ended in a guilty finding, and Maryland law draws firm lines between them. This guide explains where DUI and DWI charges fall, so you understand what may be possible for your situation.

The Short Answer

For most people, the honest answer is this: a DUI or DWI conviction in Maryland generally cannot be expunged, while a charge that ended in an acquittal, dismissal, or certain other non-conviction outcomes usually can be. A case resolved through probation before judgment (PBJ) sits in between, with its own long waiting period. Because the outcome of your case controls what is possible, the disposition matters more than almost anything else.

If Your DUI Ended in a Conviction

Maryland's expungement statute for convictions (Criminal Procedure Article, §10-110) lists the specific offenses that may be expunged. Driving under the influence and driving while impaired under Transportation Article, §21-902 are not among the offenses that qualify. As a result, a DUI or DWI conviction generally remains on your record and cannot be expunged. This is true for both DUI under §21-902(a) and DWI under §21-902(b); the two are treated the same way for expungement purposes.

If You Received a PBJ

A probation before judgment is not a conviction, which is why many people hope it can be cleared sooner. For most offenses, a PBJ can be expunged after a relatively short waiting period. DUI and DWI are the exception. Under Maryland law, a PBJ for a violation of §21-902(a) or (b) cannot be the subject of an expungement petition until at least 15 years have passed since you were discharged from probation. During that period, you generally cannot have received another qualifying conviction or another PBJ for a §21-902 offense. In short, a DUI or DWI PBJ may eventually be expunged, but only after a substantial wait.

A Separate Rule: Whether You Can Receive a PBJ at All

It is worth understanding a related but distinct rule. The 15-year period above governs when a PBJ can be expunged. A separate law governs whether a court may grant a DUI or DWI PBJ in the first place. Under Criminal Procedure Article, §6-220, a court generally cannot place a defendant on probation before judgment for a §21-902 violation if, within the preceding 10 years, the defendant was already convicted of, or already received a PBJ for, a §21-902 offense. In other words, a prior DUI or DWI within the last 10 years can make you ineligible for a PBJ on a new charge.

These are two separate time periods doing two different things: a 10-year look-back that affects eligibility for a PBJ, and a 15-year wait that affects when a PBJ can later be expunged. It is easy to confuse them, but they address entirely different questions.

If Your Charge Did Not Result in a Conviction

A DUI or DWI charge that ended in an acquittal, a dismissal, a nolle prosequi, or certain other non-conviction dispositions is generally eligible for expungement under Criminal Procedure Article, §10-105. In many of these situations, the record can be cleared far sooner than a PBJ, and in some cases a petition may be filed promptly. Maryland has also moved toward automatically expunging some non-conviction records after a set period. If your case did not end in a conviction, you may have meaningful options.

Why the Disposition Matters So Much

Because Maryland ties expungement so directly to how a case was resolved, the decisions made while a case is active can shape what is possible years later. Two people charged with the same offense can end up with very different long-term options depending on how their cases were handled. Every case is different, and some are genuinely difficult. The most effective approach is to have an attorney examine all of the angles, understand the specific facts and evidence, and work to keep options open in order to reach the best result available under the circumstances. What happens during the case is often what determines whether relief is available afterward.

This article is general information about Maryland law as of the date of publication and is not legal advice. Expungement eligibility depends on the specific charge, its disposition, and the law in effect at the relevant time. For guidance about your situation, consult an attorney.