Maryland Expungement Eligibility — 2025 Rules
Maryland's expungement law underwent a major overhaul effective October 1, 2025. The 2025 Expungement Reform Act — also known as the Clean Slate Act — significantly expanded the range of charges and convictions that can be erased from your criminal record. Understanding the new rules is the first step toward reclaiming your future.
Charges That Are Always Expungeable
Regardless of the underlying offense, certain outcomes are immediately expungeable under Maryland law:
| Outcome | Eligibility | Waiting Period |
|---|---|---|
| Acquittal (Not Guilty verdict) | Eligible | No waiting period |
| Charges nolle prosequi (dropped) | Eligible | No waiting period (3 yrs if related charges pending) |
| Charges dismissed | Eligible | No waiting period |
| Stet (indefinitely postponed) | Eligible | 3 years from stet date |
| Probation Before Judgment (PBJ) | Eligible | 3 years after probation ends (alcohol: generally ineligible if prior PBJ used) |
| Not criminally responsible | Eligible | No waiting period |
Misdemeanor Convictions
Under the 2025 reform, most misdemeanor convictions are now expungeable after a 3-year waiting period from the date of conviction or completion of sentence (whichever is later). Previously excluded misdemeanors that are now eligible include many drug possession offenses and minor theft charges.
| Misdemeanor Type | Eligible? | Wait Period |
|---|---|---|
| Drug possession (personal use) | Yes (2025 reform) | 3 years |
| Theft under $1,500 | Yes | 3 years |
| Simple assault (first offense) | Yes | 3 years |
| Disorderly conduct / malicious destruction | Yes | 3 years |
| CDS paraphernalia | Yes | 3 years |
| Second-degree assault (DV-related) | Limited | Consult attorney |
| Weapons offenses (some) | Case-by-case | Consult attorney |
Felony Convictions
The 2025 reform was most transformative for felony expungement. Many non-violent felonies are now eligible after a 7-year waiting period. This was a dramatic change from prior law, which barred most felony convictions from expungement entirely.
| Felony Type | Eligible? | Wait Period |
|---|---|---|
| Drug distribution (non-violent, lower-level) | Yes (2025) | 7 years |
| Theft felony (non-violent) | Yes (2025) | 7 years |
| Burglary (4th degree) | Case-by-case | Consult attorney |
| Assault 1st or 2nd degree | Generally No | Not eligible |
| Murder / manslaughter | No | Not eligible |
| Sex offenses (registered offenders) | No | Not eligible |
| Child abuse / exploitation | No | Not eligible |
Important: Even if your charge appears on the eligible list, other factors — such as a subsequent criminal conviction, active court supervision, or a related pending case — can affect your eligibility. An attorney review is the only reliable way to confirm whether you qualify.
DUI/DWI and Expungement
Driving under the influence convictions present unique challenges. A DUI conviction in Maryland is generally not expungeable under current law — even after the 2025 reform. However, if your DUI case resulted in a PBJ, acquittal, or dismissal, that record may be eligible for expungement. This is one of the many reasons experienced defense at the time of your charge matters so much.
Automatic Expungement Under the 2025 Act
The 2025 reform also established a pathway for automatic expungement of certain records without requiring the individual to file a petition. The Maryland Judiciary is implementing a phased rollout of this system. However, for most people with older convictions or more complex records, a petitioned expungement filed with the court remains the more reliable approach — and an attorney ensures it is done correctly.
Frequently Asked Questions
Can I expunge a charge even if I was convicted?
Yes, for many misdemeanors and now certain felonies under the 2025 reform. The key factors are the charge type, the sentence imposed, and how much time has passed since completion of your sentence.
What if I have multiple charges on my record?
Each charge is analyzed individually. Some charges on a multi-count record may be eligible while others are not. Maryland law allows partial expungement in some circumstances, though related charges from the same case may need to be handled together.
Will expungement clear my record completely?
Expungement removes the record from public court records and requires law enforcement agencies to destroy or return their copies. However, certain agencies — including federal government entities — may retain records. An attorney can explain what expungement does and does not accomplish in your specific situation.
How do I get started?
Call The Cohen Law Firm at 410-332-0414 for a free consultation. Attorney Adam Sean Cohen will review your record and give you a direct answer about your eligibility and the realistic outcome of a petition.