Maryland expungement and record shielding are important tools designed to help those who have served their debt to society and formally move on from a criminal conviction. For those who have served time or faced any kind of criminal matter, the lifetime of consequences can be devastating to you and your family’s quality of life.
There are options, however, where qualified attorneys can work to facilitate the expungement of your criminal record or explore options for record shielding intended to help you formally move on from the challenges of your past. You aren’t the first person to make mistakes, and your criminal charges, in some cases, do not have to follow you for the rest of your life.
Clearing your name begins with qualified legal guidance from the attorneys at Jezic & Moyse. Our long-standing history of offering criminal defense representation and expungement services means we maintain a deep understanding of every detail of criminal law, working to support you and help find solutions that are in your best interests.
Why Clearing Your Maryland Criminal Record Matters
A criminal conviction in Maryland comes with a lifetime of challenges, well beyond things like prison time or monetary fines. For those who have served time or have a long history of criminal charges, you likely know all too well how difficult life after conviction can be. Aside from the embarrassment that comes with committing a crime, the charges against you are likely to follow you for many years.
Seeking out meaningful employment after conviction is likely to be complicated by the arrival of your name in an employer’s criminal background check. Many employers opt to refrain from hiring people with criminal records, where your name appearing in such a search can result in a rescinded job offer.
For professionals in healthcare or teaching, a criminal conviction is likely to result in the loss of your professional licenses, potentially forcing you to explore different career opportunities entirely. Attempting to re-obtain your professional licenses after conviction can be incredibly complicated. Jobs that call for security clearance are likely to reveal your criminal record, making you ineligible for such positions.
Further, landlords are now looking to criminal background checks, causing great complications for those seeking out housing opportunities. This can limit your options and create problems with finding affordable and safe housing options for either you or your family.
In some cases, a criminal record can result in complex immigration issues for both you and your family. Whatever the case may be, a clear criminal record can open doors to a new life after a criminal conviction, helping you move on from the mistakes of the past and refocus on a life free of criminal charges.
Expungement vs. Record Shielding: What’s the Difference?
Expungement and record shielding are two similar options that could potentially help a former criminal move on from the challenges of their convictions. Know the differences and learn which option is best suited to your needs.
- Expungement removes the criminal record as if it never existed. While this sounds like a great option, some criminal matters or convictions are not eligible to be expunged. But for eligible cases, most public and private background checks will not see your name arrive in the results of such searches.
- Record Shielding is another legal option that hides a criminal record from public view. The criminal record still exists, but has reduced visibility from public view. This option is typically used for non-violent and misdemeanor convictions under the Maryland Second Chance Act.
Browse the table below to gain a better understanding of the two options available.
|
Feature |
Expungement |
Record Shielding |
|
Record removed |
Yes |
No |
|
Public access |
No |
No |
|
Law enforcement access |
Sometimes still yes |
Yes |
|
Applies to convictions? |
Limited |
Covers more low-level convictions |
Who Qualifies for Expungement in Maryland?
Qualifying for criminal record expungement in Maryland is dependent on the nature of the crimes you were accused of or the crimes you committed.
Charges That Were Dismissed, Acquitted, or Nolle Prossed
Criminal charges in Maryland that were dismissed are typically eligible for expungement, including charges that you were acquitted of. Should a prosecutor abandon a conviction, then expungement could be a worthwhile option. In some circumstances, Probation Before Judgment for a related offence may not yet be eligible for expungement.
Expungement for PBJ (Probation Before Judgment) Cases
PBJ cases, under Maryland criminal law, can be expunged three years after the PBJ or completion of probation, whichever is later. There are exceptions, however, as DUI/DWI PBJs are not eligible for expungement until the passage of 15 years.
Criminal Convictions Eligibility
Some misdemeanors in Maryland are eligible for expungement after a predetermined waiting period. Certain crimes may call for different waiting periods, and can be anywhere from three to ten years.
In 2025, the Maryland Clean Slate Act is set to automate the process of shielding eligible criminal records. This act aims to offer Marylanders a literal second chance at living a life without many of the long-term challenges stemming from their criminal past. Many violent crimes are ineligible for expungement, including those that call for the individual to be added to a sex crime registry.
Criminal Cases That Cannot Be Expunged in Maryland
There are criminal matters that are not eligible for expungement in Maryland. Usually, these criminal cases include violent felons, sexual offenses requiring registration (unless overturned, and serious traffic offenses with jail time.
Further, some criminal offenses that include driving under the influence, domestic violence, and even identity theft convictions are also not eligible. Those who face subsequent criminal convictions can also complicate your expungement case. Speaking directly with an attorney familiar with expungement cases can help you better understand whether your case can qualify for expungement.
Who Qualifies for Record Shielding in Maryland?
Under Maryland’s Second Chance Act, there are specific misdemeanors that may qualify for record shielding. Learn more directly from the People’s Law Library of Maryland.
- Disorderly conduct.
- Disturbing the peace.
- Failure to obey a reasonable and lawful order.
- Malicious destruction of property.
- 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 privilege is canceled, suspended, refused, or revoked.
- Driving while uninsured.
- Prostitution (not assignation).
Filing a petition for shielding must be done at least three years after completing your sentencing, including parole, probation, or mandatory supervision. Should you face new criminal charges within this waiting period, it is likely to complicate or make your previous request for record shielding ineligible. Further, individuals cannot pursue record shielding if they have any pending criminal charges.
How to File for Expungement in Maryland (Step-by-Step Process)
Use these simple steps to file for the expungement of your criminal record in Maryland.
- Obtain your case number(s) from Maryland Judiciary Case Search. Visit https://casesearch.courts.state.md.us/casesearch/ to obtain your case number. You may also locate the case number from your court paperwork.
- Determine eligibility alongside a qualified attorney (based on outcomes and waiting periods).
- Download and complete the Maryland Expungement Petition. You may want to speak to an attorney to ensure you are completing the proper form for your case.
- File in the court where the case was heard.
- Pay the filing fee. (no fee for dismissed or not guilty cases).
- Wait for the state’s attorney review and wait for any objections.
- Receive the judge’s final approval or denial.
Each case is unique, and the entire process could take anywhere from 60 to 120 days.
Filing for Record Shielding in Maryland
Learn about the steps required for record shielding in Maryland.
- Use the Maryland Petition for Shielding form and fill out any required information..
- File with the relevant District Court.
- It is required that all eligible convictions in the case must be shielded together.
Should You Work with a Lawyer For Expungement or Record Shielding?
Yes.
Navigating the entire expungement or record shielding process alongside an attorney can help prevent delays and avoid errors. Done incorrectly, it is possible that you could become ineligible for expungement or record shielding in the future. Your attorney can also help you navigate the process that can result in some of the more complicated PBJ cases, or if you have multiple criminal convictions.
Several risks can come with making statements about your criminal charges, and could trigger an investigation to be reopened or prompt other probation issues. Any criminal matter calls for close collaboration with an attorney who brings knowledge and experience in criminal law, including the record-shielding or expungement process.
Take these matters seriously and ensure that these delicate matters are done correctly, without complication or delay.
Look To The Attorneys At Jezic and Moyse For Assistance.
Should you be unsure of any detail of this process, speaking with a qualified Maryland attorney at Jezic & Moyse is your first step to find clarity, rather than confusion. Take part in a free consultation to learn more about which option best suits your needs, along with finding a better understanding as to whether your criminal past is eligible for expungement or record shielding.
Where there are endless resources available online, one misstep can complicate the process and result in significant wasted time and money. Your livelihood is not worth taking a chance on. Instead, pave the way for a new lease on life alongside the team at Jezic & Moyse.
We offer entirely discreet, confidential, and swift expungement services, dedicated to helping you move on from your history. People from all walks of life make mistakes just like you have, and you do not deserve to face a lifetime of consequences as a result. Instead, reach out to the attorneys at Jezic & Moyse dedicated to helping you make the most of your life post-conviction.
Contact us today to learn more.
Frequently Asked Questions (FAQ)
Find answers to some of the most common questions regarding criminal record expungement and record shielding in Maryland.
How long does expungement take in Maryland?
Some expungement matters in Maryland could take anywhere from two to four months to complete. In other, more complex cases, it could take up to 12 months to formally complete. Most expungement matters in Maryland occur within 90 days of filing, if eligible. However, each case is different and could have varying timelines.
Can expunged cases still be seen by law enforcement?
Sometimes, yes. Maryland law enforcement could see your criminal history.
Do I have to disclose expunged cases on job applications?
Usually, you do not need to disclose that you have an expunged criminal case on a formal job application. There are exceptions, however, including government roles and other professions.
Is expungement automatic in Maryland?
Sometimes. In most cases, you must file to have your criminal history expunged. However, for cases where all charges have a disposition of acquittal, not guilty, dismissal, or nolle prosequi, entered on October 1, 2021, or later the court will expunge the case automatically after 3 years. You can request expungement earlier than 3 years if you wish.