Expunging a Conviction — What Maryland Law Allows
For decades, Maryland law treated a criminal conviction as a permanent public record. The 2025 Expungement Reform Act changed that for a significant category of convictions. If you were convicted of a qualifying offense, you may now be able to petition the court to have that conviction expunged from your record — permanently clearing it from public criminal databases.
Key distinction: An acquittal, dismissal, or nolle prosequi is expungeable with no waiting period. A conviction — including a guilty plea — requires meeting the waiting period and offense requirements described below.
Misdemeanor Conviction Expungement
Most misdemeanor convictions in Maryland are now expungeable after a 3-year waiting period from the date of conviction or completion of sentence, whichever is later. This includes probation, parole, and any mandatory supervision.
| Conviction | Expungeable? | Wait |
|---|---|---|
| Drug possession (personal use) | Yes | 3 years |
| Theft under $1,500 | Yes | 3 years |
| Simple assault (1st offense) | Yes | 3 years |
| Disorderly conduct | Yes | 3 years |
| Malicious destruction (low value) | Yes | 3 years |
| CDS paraphernalia | Yes | 3 years |
| Trespass (non-violent) | Yes | 3 years |
| DUI / DWI conviction | Generally No | N/A |
| Second-degree assault (DV) | Limited/Case-by-case | Consult attorney |
Felony Conviction Expungement
The 2025 reform extended expungement eligibility to certain non-violent felony convictions for the first time. The waiting period is 7 years from conviction or completion of sentence, whichever is later. Serious violent felonies, sex offenses, and crimes against children remain permanently ineligible.
| Felony Conviction | Expungeable? | Wait |
|---|---|---|
| Drug possession with intent (lower-level) | Yes (2025) | 7 years |
| Non-violent theft (felony level) | Yes (2025) | 7 years |
| Forgery / fraud (non-violent) | Case-by-case | Consult attorney |
| Robbery | No | Not eligible |
| Assault 1st or 2nd degree | No | Not eligible |
| Murder / attempted murder | No | Not eligible |
| Sex offenses (registration required) | No | Not eligible |
The Importance of "Clean" Interim Record
Even if your underlying conviction qualifies for expungement, you generally must not have been convicted of any subsequent criminal offense during the waiting period. A new conviction — even a minor one — can restart the clock or make you ineligible entirely. This is one reason why fighting new charges aggressively always matters, even when the stakes seem low at the time.
Probation Before Judgment (PBJ) vs. Conviction
If your case resolved with a Probation Before Judgment (PBJ) rather than a full guilty finding, your situation is different from a conviction. A PBJ is treated as a non-conviction for most purposes and is expungeable after 3 years from the end of probation. The exception is alcohol-related PBJs — if you previously used a PBJ for an alcohol offense, a second PBJ for a similar charge may not be expungeable under the same timeline. An attorney review is essential for PBJ records.
Do Not Assume Your Conviction Is Ineligible: The 2025 reform changed the law significantly. Many people with older records assume expungement is impossible because they were told that years ago — under the old law. Call 410-332-0414 for a free review of your specific record under current law.
What Expungement Accomplishes
A Maryland expungement order requires all state law enforcement agencies, the clerk's office, and other listed entities to destroy or return all records related to the case. Once complete, you may legally state that the arrest and conviction did not occur when applying for private employment, housing, and most licensing purposes in Maryland. There are important exceptions — including certain government and security-clearance positions — that your attorney will explain.