Can you get a DUI expunged in Maryland? Yes and No, it depends on the outcome of disposition of the DUI. DUI stands for driving under the influence and DWI stands for driving while impaired. You can be charged with DUI or DWI in Maryland if the police office believes you have consume alcohol or taken drugs or CDS and it has affected your ability to operate a motor vehicle.
Getting back to the expunging a DUI or DWI in Maryland. Approximatley 75% of DUI and DWI cases in Maryland result in a PBJ or probation before judgment. A PBJ for a DUI is not eligible to be expunged. According to Maryland Criminal Procedure 10-105 (a)(3):
“(3) a probation before judgment is entered, unless the person is charged with a violation of § 21–902 of the Transportation Article or Title 2, Subtitle 5 or § 3–211 of the Criminal Law Article;”
A DUI or DWI charge is found in § 21–902 of the Transportation Article, therefore, is a person receives a PBJ as a the disposition for a DUI or DWI case, then they are not eligible for expungement of the DUI, DWI or any other charges within the case, also known as the Unit.”
PBJ is not the only outcome, finding or disposition in a DUI or DWI case in Maryland. To make sure we are clear, the outcome of disposition is what the Judge finds in the case. A person can plead guilty and still receive a PBJ or plead not guilty and be found guilty.
If a person is found guilty of DUI or DWI in Maryland, they are not eligible for expungement.
If the outcome of your DUI was one of the following, you would generally be eligible for expungement. There may be another charge within the case that may not be eligible:
They Maryland DUI and DWI laws created by the Maryland General Assemble imposed enhanced penalties for repeat offenders. If individuals were able to expunge a DUI in Maryland from their record, then the State’s Attorney would not know who has had a prior. In addition, the Judges would not be able to sentence drunk drivers to stiffer and stricter penalties for repeat offenses.
If you are eligible for expungement, the fastest and easiest way to file for expungement is through MarylandExpungement.com. MarylandExpungement.com is an online expungement service owned and operated by a Maryland expungement lawyer. All you have to do is complete the form, make payment and sign the documents. The expungement lawyers at MarylandExpungement.com do the rest.