In Maryland, expungement removes police and court records of a charge from public inspection, and shielding makes court and police records of certain convictions inaccessible to the public. Except where the law expunges a case automatically, you file a petition in the court that heard the case, and the court decides. Emden Law in Rockville can discuss whether either may be available.
To learn whether your record qualifies, contact Emden Law at (301) 241-0596.
Expungement and shielding are different remedies
To “expunge” means to remove information from public inspection (§ 10-101). To “shield” means to make the court and police records of a conviction inaccessible to members of the public (§ 10-301). A shielded record is not erased: the agencies and people the statute lists can still see it.
Expungement when a charge did not end in a conviction
Under Criminal Procedure § 10-105, you may petition to expunge police and court records if you were acquitted; the charge was dismissed; a nolle prosequi or a stet was entered, with or without a treatment requirement; you received probation before judgment (PBJ), unless the charge was under § 21-902(c), (d), (h) or (i) of the Transportation Article or another provision the section excludes; or you were convicted of possession of cannabis under Criminal Law § 5-601 or of an act that is no longer a crime (with exceptions). The section lists a few other grounds as well.
| How the case ended | Earliest filing under § 10-105(c) |
|---|---|
| Acquittal, dismissal or nolle prosequi | 3 years after the disposition, or sooner if you file with the petition a written general waiver and release of all your tort claims arising from the charge |
| PBJ, or stet with a treatment requirement | The later of your discharge from probation (or completion of treatment) or 3 years after it was entered |
| PBJ for DUI or DWI under § 21-902(a) or (b) | 15 years after your discharge from probation |
| Stet | 3 years after the stet |
A court may also grant a petition “at any time on a showing of good cause.” A PBJ petition fails if, within 3 years after the PBJ, you were convicted of a crime other than a minor traffic violation or an act that is no longer a crime (15 years for a DUI or DWI PBJ). A defendant in a pending criminal proceeding is not entitled to expungement.
Expunging a conviction under § 10-110
Criminal Procedure § 10-110 lists the convictions you may petition to expunge: many misdemeanors, among them second-degree assault (Criminal Law § 3-203), misdemeanor theft (§ 7-104) and common-law battery; the felonies of theft under § 7-104, possession with intent to distribute a controlled dangerous substance under § 5-602, and burglary under § 6-202(a), § 6-203 or § 6-204; and attempts, conspiracies or solicitations of those offenses. Since October 1, 2026 (Chapter 465 of 2026), a listed offense also qualifies where a remaining charge was disposed of with a “no finding” designation or the case was designated as terminated without finding.
Each period below runs from the completion of the sentence, including any probation, parole or mandatory supervision (§ 10-101).
| Conviction | Earliest filing under § 10-110(c) |
|---|---|
| A listed misdemeanor (the general rule) | 5 years |
| Second-degree assault or common-law battery | 7 years |
| A listed felony (the general rule for felonies) | 7 years |
| Possession with intent to distribute cannabis | 3 years |
| Felony theft, or burglary under § 6-202(a) or § 6-203 | 10 years |
| An offense classified as a domestically related crime under § 6-233 | 15 years |
A pending criminal case bars the petition, and so does a new conviction during the waiting period unless the new one also becomes eligible. The court notifies each victim listed in the case. If neither the State’s Attorney nor a victim objects within 30 days after the petition is served, the court may decide the petition without a hearing, but it orders expungement only if it finds that the statutory requirements are met. If either objects, the court holds a hearing and orders expungement only if it finds, among other things, that you are not a risk to public safety, that any restitution ordered has been paid or you cannot pay it, and that expungement would be in the interest of justice.
The unit rule
Charges that arise from the same incident, transaction or set of facts form a “unit” (§ 10-107). If you are not entitled to expunge one charge or conviction in the unit, you are not entitled to expunge any other in it, so a dismissed charge can stay on the record because a conviction from the same incident cannot be expunged. A minor traffic violation and a charge of cannabis possession under Criminal Law § 5-601 are not part of the unit.
Shielding under the Maryland Second Chance Act
Shielding, in Criminal Procedure §§ 10-301 to 10-306, is available only for a conviction of one of these twelve crimes:
- disorderly conduct;
- disturbing the peace;
- failure to obey a reasonable and lawful order;
- malicious destruction of property in the lesser degree;
- trespass on posted property;
- possessing or administering a controlled dangerous substance;
- possessing or administering a noncontrolled substance;
- use of or possession with intent to use drug paraphernalia;
- driving without a license;
- driving while your privilege is canceled, suspended, refused or revoked;
- driving while uninsured;
- prostitution (not assignation).
Theft and second-degree assault are not on the list, and shielding does not apply to a conviction of a domestically related crime under § 6-233 (§ 10-302). Under § 10-303, you may petition no earlier than 3 years after you satisfy the sentence for every conviction you ask to shield, including parole, probation or mandatory supervision, and the convictions must have been entered in the circuit court or the District Court in one county. A pending criminal case bars the petition, and so does a new conviction during those 3 years unless the new one also becomes eligible for shielding. The State’s Attorney has 30 days to object and listed victims are notified; without an objection the court may order shielding, and with one it holds a hearing. A person may be granted only one shielding petition in a lifetime. Once a conviction is shielded, Maryland Judiciary Case Search may not in any way refer to it (§ 10-304).
How a petition moves through the court
- Choose the court. The Judiciary’s expungement page says to file in the court that heard the case; the statutes name the court where the proceeding began, the court it was transferred to, or the appellate court after an appeal.
- File the Judiciary’s form. CC-DC-CR-072A for an acquittal, dismissal, PBJ, nolle prosequi, stet or not-criminally-responsible disposition; CC-DC-CR-072B for a guilty disposition; CC-DC-CR-148 for shielding, as the Judiciary’s shielding page lists it.
- Service. The court has the petition served on the State’s Attorney, who is a party to the proceeding and has 30 days to object.
- Order or hearing. With no objection to a petition based on a non-conviction disposition, the court orders the expungement; after a timely objection it holds a hearing, then orders expungement or denies the petition.
- Compliance. Within 60 days after the order, unless it is stayed pending an appeal, every custodian of the records must advise the court and you in writing of its compliance.
Questions about clearing a Maryland record
Are dismissed charges expunged automatically?
Sometimes. Under § 10-105.1, records are expunged 3 years after the disposition when every charge in the case ended in an acquittal, a dismissal, a finding of not guilty or a nolle prosequi (not one with a treatment requirement); a Transportation Article violation that needs no court appearance is outside the section. The Maryland Judiciary’s expungement page applies this to dispositions entered on or after October 1, 2021, and says Form CC-DC-CR-072C lets you ask for expungement before the 3 years pass. Other cases need a petition.
Who can still see a shielded record?
Not the public. Under § 10-302 it stays fully accessible to criminal justice units for legitimate criminal justice purposes; to employers and government licensing agencies with a statutory or regulatory requirement or authorization to look into criminal background; to you and your attorney; and to the others the section lists, among them health occupations boards and people who use volunteers to care for or supervise children.
Can the public see an expunged record?
No. Expungement removes police and court records from public inspection (§ 10-101).
Do I have to tell an employer or a school about a shielded record?
Under § 10-306, an employer, an educational institution or a State or local unit may not require you to disclose shielded information about criminal charges, and may not act solely on your refusal to disclose it, except for the employers and government units on the § 10-302 list.
Can a DUI probation before judgment be expunged?
Yes, for a PBJ under § 21-902(a) or (b) of the Transportation Article, but not within 15 years after your discharge from probation, and not if within 15 years after the PBJ you were convicted of a crime other than a minor traffic violation or an act that is no longer a crime, or received another § 21-902 PBJ. A charge under § 21-902(c), (d), (h) or (i) does not qualify for PBJ expungement. See our Maryland DUI and DWI page.
Can a theft or second-degree assault conviction be cleared?
Neither can be shielded, but both are on the § 10-110 list. A petition may be filed no earlier than 5 years after the completion of the sentence for misdemeanor theft, 10 years for felony theft and 7 years for second-degree assault. For any conviction classified as a domestically related crime under § 6-233, whether for theft, assault or another listed offense, the petition may not be filed earlier than 15 years after the completion of the sentence. The State’s Attorney or a victim may object, and the court then decides after a hearing. See our theft and shoplifting defense page.
How Emden Law helps in Rockville and Montgomery County
Record relief turns on details: how each charge ended, when the sentence was completed, and which charges form a unit. Emden Law in Rockville can discuss whether expungement or shielding may be available in your case. Call (301) 241-0596, or, if you face a charge now, see our Rockville criminal defense page.
This article is general legal information, not legal advice, and does not create an attorney-client relationship. Maryland law changes and every case turns on its specific facts. Consult a licensed Maryland attorney about your situation. This article describes the statutes as they read in October 2026, and no outcome is promised (Maryland Attorneys’ Rules of Professional Conduct 19-307.1).
