Expunging or Sealing a Felony in Maryland
Which felony convictions can be expunged or sealed in Maryland, the waiting period, and how to file.
Short answer: Only a few felonies can be expunged: possession with intent to distribute a controlled dangerous substance, felony theft, and first-, second- and third-degree burglary under certain sections. Md. Code, Crim. Proc. § 10-110(a)(2), (c), (f)
| Felony convictions | Only a few felonies can be expunged: possession with intent to distribute a controlled dangerous substance, felony theft, and first-, second- and third-degree burglary under certain sections. The wait is 7 years after the sentence is completed, but 10 years for felony theft and first- and second-degree burglary (Crim. Law §§ 7-104, 6-202(a), 6-203), and 3 years for possession with intent to distribute cannabis. If the prosecutor or a victim objects, the court holds a hearing. It must find that the person is not a risk to public safety, has paid any restitution or cannot pay it, and that expungement is in the interest of justice. |
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| How to apply | File a Petition for Expungement of Records in the court where the case began (or the court it was transferred to). Use CC-DC-CR-072A for acquittal, dismissal, PBJ, nolle prosequi, stet or not criminally responsible; CC-DC-CR-072C to speed up an automatic expungement; and CC-DC-CR-072B or CC-DC-CR-072D for guilty dispositions. The court serves the State's Attorney (and, for convictions, sends notice to listed victims). If no one objects within 30 days, the court orders expungement. If someone objects, the court holds a hearing. Agencies have 60 days to confirm they have complied. Shielding is requested on form CC-DC-CR-148, and each person may get only one shielding petition granted in a lifetime. The Judiciary offers an online Guide and File interview for expungement petitions. |
| What clearing a record does | Expunged court and police records are removed from public inspection. Employers and schools may not require applicants to disclose expunged charges, and neither may state or local agencies for licenses or permits. A person need not mention an expunged charge when asked about charges that did not lead to conviction or about pardoned convictions, and refusing to disclose expunged information may not be the only reason to fire, refuse to hire, or deny an application. Violations are a misdemeanor. Shielding removes convictions from Case Search and public view, but law enforcement and certain agencies and individuals can still see them. The Judiciary advises non-citizens to talk to an immigration attorney before filing, because they may need the case record for immigration matters. |
Where to get help in Maryland
More Maryland expungement & criminal records
- Getting a Copy of Your Maryland Criminal Record
- Clearing a DUI From Your Record in Maryland
- How to File for Expungement in Maryland
- Sealing or Expunging Juvenile Records in Maryland
- All Maryland expungement & criminal records rules
FAQ
Can a felony be expunged in Maryland?
Only a few felonies can be expunged: possession with intent to distribute a controlled dangerous substance, felony theft, and first-, second- and third-degree burglary under certain sections. The wait is 7 years after the sentence is completed, but 10 years for felony theft and first- and second-degree burglary (Crim. Law §§ 7-104, 6-202(a), 6-203), and 3 years for possession with intent to distribute cannabis. If the prosecutor or a victim objects, the court holds a hearing. It must find that the person is not a risk to public safety, has paid any restitution or cannot pay it, and that expungement is in the interest of justice.
How do you file for expungement in Maryland?
File a Petition for Expungement of Records in the court where the case began (or the court it was transferred to). Use CC-DC-CR-072A for acquittal, dismissal, PBJ, nolle prosequi, stet or not criminally responsible; CC-DC-CR-072C to speed up an automatic expungement; and CC-DC-CR-072B or CC-DC-CR-072D for guilty dispositions. The court serves the State's Attorney (and, for convictions, sends notice to listed victims). If no one objects within 30 days, the court orders expungement. If someone objects, the court holds a hearing. Agencies have 60 days to confirm they have complied. Shielding is requested on form CC-DC-CR-148, and each person may get only one shielding petition granted in a lifetime.
What happens after a record is expunged or sealed in Maryland?
Expunged court and police records are removed from public inspection. Employers and schools may not require applicants to disclose expunged charges, and neither may state or local agencies for licenses or permits. A person need not mention an expunged charge when asked about charges that did not lead to conviction or about pardoned convictions, and refusing to disclose expunged information may not be the only reason to fire, refuse to hire, or deny an application. Violations are a misdemeanor. Shielding removes convictions from Case Search and public view, but law enforcement and certain agencies and individuals can still see them. The Judiciary advises non-citizens to talk to an immigration attorney before filing, because they may need the case record for immigration matters.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.