Overview Description

Records relating to a person who has only one misdemeanor adjudication can be expunged so long as the person is at least 18 years old, at least two years have passed since the last official action in any of the cases, and the person is not subject to a disqualifying event. Md. Code Ann., Cts & Jud. Proc. § 3-8A-27.1.

The following conditions make a person ineligible for expungement: (1) having more than one delinquency adjudication; (2) having a subsequent conviction for any offense; (3) having pending charges (delinquency or criminal); (4) having an adjudication for an offense that, if committed by an adult, would constitute a felony, a sexual offense in the fourth degree, or a crime of violence; (5) being required to register as a sex offender; (6) having an adjudication for an offense involving the use of a firearm in the commission of a crime of violence; or (7) owing any restitution in the case the person is seeking to expunge. Md. Code Ann., Cts & Jud. Proc. § 3-8A-27.1(c).

The petition must be filed in the court where the initial petition or citation was filed. Md. Code Ann., Cts & Jud. Proc. § 3-8A-27.1(b).

The court will consider the best interests of the person, the person's stability in the community, and the safety of the public in its consideration of the petition for delinquency proceeding. Md. Code Ann., Cts & Jud. Proc. § 3-8A-27.1(d).

For the specific procedure, see Md. Code Ann., Cts & Jud. Proc. § 3-8A-27.1.

There is a $30 filing fee, unless all records to be expunged relate to a charge of which the petitioner has been found not involved. See the court fee schedule at http://mdcourts.gov/circuit/feeschedule.pdf.

Expungement, with respect to a court record or a police record, means the removal of the record from public inspection either by obliteration, by removal to a separate secure area limited to persons with legitimate access, or if access to a court record or police record can be obtained only by reference to another court record or police record, by the expungement of it or the part of it that provides access. Md. Code Ann., Crim. Proc. § 10-101(e).

For an application to expunge a juvenile criminal record in Maryland, visit here.

The petition can be filed when the person is 18 or older, and at least two years have passed since the last official action in the case.