How Expungement Works in Maryland
Expungement in Maryland is a formal legal process governed by Maryland Code, Criminal Procedure Article §10-101 et seq. While it is technically possible to file pro se (without an attorney), errors in the petition, wrong case numbers, or filing in the wrong court can result in denial — sometimes setting you back years. Attorney Adam Sean Cohen handles every stage of the process so nothing falls through the cracks.
The Process — Step by Step
Eligibility Assessment
The first step is determining whether your specific charge and case outcome qualifies. This requires pulling your actual court record — not just your memory of the case. We review case numbers, charge codes, dispositions, and any related charges that might affect eligibility. Many people assume they cannot expunge a record only to discover they qualify under the 2025 reform.
Obtain Certified Court Records
An accurate expungement petition requires certified copies of the charging documents and disposition. These are obtained from the clerk of the court where the case was heard. Fees and processing times vary by county. We handle this for you so the petition is based on verified records, not approximations.
Draft and File the Petition
Maryland expungement petitions are filed using Maryland Judiciary Form CC-DC-CR-072. The petition must correctly identify every case and charge number to be expunged, the applicable legal basis for expungement, and the court of jurisdiction. The filing fee is currently $30 per petition in most courts. We prepare, review, and file the petition on your behalf.
State's Attorney Review
After filing, the court serves the petition on the State's Attorney for the county where the case was heard. The State's Attorney has 30 days to file an objection. Objections are uncommon on clearly eligible petitions but do occur in contested cases. If an objection is filed, a hearing is scheduled — and your attorney argues on your behalf.
Court Order
If no objection is filed — or if the court rules in your favor after a hearing — the judge signs an expungement order. The order is then sent to every law enforcement agency and court that holds a record of the case, directing them to destroy or return all records.
Compliance by Agencies
Under Maryland law, agencies receiving the expungement order have 60 days to comply. This includes the Maryland Criminal Justice Information System (CJIS), arresting agencies, the clerk's office, and any other entity holding records. Once complete, the charge should no longer appear on Maryland criminal background checks through authorized sources.
Do Not Rely on Unofficial Background Check Services: Third-party background check companies — such as those used by employers or landlords — may not immediately reflect an expungement. You can legally state that an expunged charge does not exist when asked by private employers in Maryland, but compliance varies. Your attorney can advise you on exactly what you can and cannot say after expungement is complete.
Why Hire an Attorney for Expungement?
Many expungements are straightforward — but "straightforward" does not mean simple. Errors in identifying case numbers, listing charges incorrectly, or filing in the wrong court can result in denial. If the State's Attorney objects, you need someone who can argue your eligibility before a judge. Attorney Adam Sean Cohen has handled expungement matters throughout Maryland for over 30 years and knows how the clerks, prosecutors, and courts in each county operate.