Maryland uses Md. Code Ann., Crim. Proc. § 10-110 for expunging a criminal record. The statute says: “(a) A person may file a petition listing relevant facts for expungement of a police record, court record, or other record maintained by the State or a political subdivision of the State if the person is convicted of: (1) a misdemeanor that is a violation of: (i) § 6-320 of the…”
The petition and the sections next to it
On expunging a criminal record, the Maryland text is Md. Code Ann., Cts. & Jud. Proc. § 3-8A-27.1. The statute says: “(2) “Expungement” has the meaning stated in § 10-101 of the Criminal Procedure Article.”
Read Md. Code Ann., Crim. Proc. § 10-108 when the issue is expunging a criminal record. The statute says: “A person may not open or review an expunged record or disclose to another person any information from that record without a court order from: (1) the court that ordered the record expunged; or (2) the District Court that has venue in the case of a police record expunged under § 10-103 of this subtitle.”
Read Md. Code Ann., Crim. Proc. § 10-104 when the issue is expunging a criminal record. The statute says: “District Court with which a defendant has not been served, the District Court may order expungement of each court record, police record, or other record that the State or a political subdivision of the State keeps as to the charges.”
Md. Code Ann., Crim. Proc. § 10-106 deals with expunging a criminal record. The statute says: “A person may file, and a court shall grant, a petition for expungement of a criminal charge transferred to the juvenile court under § 4-202 or § 4-202.2 of this article.”
Maryland uses Md. Code Ann., Crim. Proc. § 10-103 for expunging a criminal record. The statute says: “For arrests, detentions, or confinements occurring before October 1, 2007, a person who is arrested, detained, or confined by a law enforcement unit for the suspected commission of a crime and then is released without being charged with the commission of a crime may request the expungement of the police record.”
What the courts have done
Alphonso C. Wiggins v. State OF Maryland Et Al., 22 Md. App. 291 (1974) is worth reading in full. The opinion puts it this way: “Conceding that his “years in an adult prison cannot be returned to him,” appellant argues that expungement can return basic civil rights and opportunities “ . . . free of the felony record which now hangs over his head.”
William Jerome Smith v. State of Maryland, 50 Md. App. 638 (1982) is worth reading in full. The opinion puts it this way: “that the unconditional discharge from probation 'shall automatically set aside the conviction …”
Expungement Petition of Vincent S. (2022) is worth reading in full. The opinion puts it this way: “CRIMINAL PROCEDURE—EXPUNGEMENT—COURT’S AUTHORITY TO ORDER EXPUNGEMENT AT ANY TIME FOR GOOD CAUSE SHOWN Md.”
Before you file
- Open Md. Code Ann., Crim. Proc. § 10-110 and read the part on expunging a criminal record. Everything else in the filing has to fit that section.
- Ask the clerk which local form that Maryland county uses, then check the form against Md. Code Ann., Crim. Proc. § 10-110.
- Then read Alphonso C. Wiggins v. State OF Maryland Et Al., 22 Md. App. 291 (1974). That is a Maryland court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in Maryland?
On expunging a criminal record, the Maryland text is Md. Code Ann., Crim. Proc. § 10-110. The statute says: “(a) A person may file a petition listing relevant facts for expungement of a police record, court record, or other record maintained by the State or a political subdivision of the State if the person is convicted of: (1) a misdemeanor that is a violation of: (i) § 6-320 of the…”
How have Maryland courts ruled on expungement?
Alphonso C. Wiggins v. State OF Maryland Et Al., 22 Md. App. 291 (1974) “Conceding that his “years in an adult prison cannot be returned to him,” appellant argues that expungement can return basic civil rights and opportunities “ . . . free of the felony record which now hangs over his head.”
Maryland clerks still control the form and the fee. Md. Code Ann., Crim. Proc. § 10-110 is the statewide rule on who may ask and what the order does.