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Maryland Expungement Laws: Eligibility, Waiting Periods, and How to File (2026)

Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. How we verify our legal content

Maryland Expungement Laws: Eligibility, Waiting Periods, and How to File (2026)

Frequently Asked Questions

How do I expunge my record in Maryland?

File a Petition for Expungement of Records (form CC-DC-CR-072) in the court where your case was resolved. Serve the State's Attorney. If no objection is filed within 30 days, the court may grant the petition. If you had a non-conviction disposition (dismissal, acquittal, nolle prosequi, or PBJ), the 3-year waiting period under CP § 10-105 must have passed. For a conviction, the waiting period under CP § 10-110 (5, 7, 10, or 15 years depending on offense) must have passed.

What is the Maryland expungement waiting period?

For non-convictions (dismissals, acquittals, nolle prosequi, PBJ), the wait is 3 years after the disposition under CP § 10-105. For convictions, waiting periods under CP § 10-110 are: 3 years for cannabis distribution, 5 years for most misdemeanors, 7 years for battery and most felonies, 10 years for first and second degree burglary and felony theft, and 15 years for domestically related crimes.

What does Maryland Criminal Procedure § 10-110 cover?

CP § 10-110 governs expungement of criminal convictions. It lists eligible misdemeanor and felony offenses, sets the waiting periods (3 to 15 years depending on the offense), establishes the petition and notice procedure, and authorizes courts to grant or deny petitions based on public safety, rehabilitation, and restitution factors.

What is the Maryland REDEEM Act?

The REDEEM Act is a 2023 Maryland law that reduced waiting periods for conviction expungement under CP § 10-110. It cut the standard misdemeanor wait from 10 years to 5 years and reduced felony waiting periods from 15 years to 7 or 10 years depending on the offense. The 2023 cannabis legalization legislation separately added cannabis distribution convictions to the eligible list with a 3-year wait. Together these reforms broadly expanded expungement access for Maryland residents with older convictions.

How long does it take to get an expungement in Maryland?

After filing, the State's Attorney has 30 days to object. If no objection is filed, the court may issue an order relatively quickly. If a hearing is required, scheduling adds additional time. After the court order issues, full processing across all agencies (courts, law enforcement, state repositories) typically takes several additional months. Budget 6 to 12 months from filing to complete record clearance.

Can I get a DUI expunged in Maryland?

A DUI conviction under CL § 21-902 is not listed as an eligible offense under CP § 10-110, so it cannot be expunged. However, if DUI charges resulted in a dismissal, acquittal, nolle prosequi, or PBJ (probation before judgment), those non-conviction dispositions are eligible for expungement after the waiting period under CP § 10-105. A PBJ for a DUI under § 21-902(a) or (b) has a 15-year waiting period.

What is the difference between expungement and shielding in Maryland?

Expungement removes records from public inspection entirely; law enforcement may only access them by court order. Shielding makes records inaccessible to the public but leaves them visible to criminal justice agencies, licensed employers, and organizations that work with vulnerable populations. Shielding applies only to 12 specific misdemeanors under CP § 10-301 and is limited to one petition per lifetime.

Does Maryland automatically expunge cannabis records?

Maryland does not issue formal automatic expungement orders for cannabis convictions, but CP § 10-111 directs that the Maryland Judiciary Case Search may not display cannabis possession cases under CL § 5-601 that were resolved before July 1, 2023. For cannabis distribution convictions under CL § 5-602, individuals must file a petition under CP § 10-110 after the 3-year waiting period expires.

Updates

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Governing law re-checked for recent changes

Reviewed and approved by an editor

Sources and References

  1. Md. Code, Criminal Procedure § 10-101(mgaleg.maryland.gov)
  2. Md. Code, Criminal Procedure § 10-104(mgaleg.maryland.gov)
  3. Md. Code, Criminal Procedure § 10-105(mgaleg.maryland.gov)
  4. Md. Code, Criminal Procedure § 10-107(mgaleg.maryland.gov)
  5. Md. Code, Criminal Procedure § 10-108(mgaleg.maryland.gov)
  6. Md. Code, Criminal Procedure § 10-109(mgaleg.maryland.gov)
  7. Md. Code, Criminal Procedure § 10-110(mgaleg.maryland.gov)
  8. Md. Code, Criminal Procedure § 10-111(mgaleg.maryland.gov)
  9. Md. Code, Criminal Procedure § 10-301(mgaleg.maryland.gov)
  10. Md. Code, Criminal Procedure § 10-302(mgaleg.maryland.gov)
  11. Md. Code, Criminal Procedure § 10-303(mgaleg.maryland.gov)
  12. Md. Code, Criminal Law § 5-601(mgaleg.maryland.gov)
  13. Md. Code, Criminal Law § 5-601.1(mgaleg.maryland.gov)
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