Can You Get a Misdemeanor Expunged in Maryland?

Yes, you can get a misdemeanor expunged in Maryland. You can get a felony expunged in Maryland. It is not the classification of the case that dictates whether the case can be expunged, it is the outcome of the case. There are some exceptions to these rules. Let’s go over some of the types of cases that can be expunged in Maryland.

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Expunging a Misdemeanor Charge in Maryland

How do I get a misdemeanor expungement in Maryland? The first step does not entail looking at the classification or the charge, whether it is a misdemeanor or a felony. The first step is to determine the outcome or disposition in the case. If your case resulted in:

• Nolle Prosequi
• Not Guilty
• Dismissal
• Acquittal
• Stet
• Probation Before Judgment
• Guilty (but only certain guilty findings can be expunged)

Then you may be eligible for expungement. If you had multiple counts in your case then you have to determine if any of the counts are no eligible for expungement. Let’s look at some examples of cases that are eligible for expungement and not eligible for expungement.

Types of Verdicts That Are Eligible for Expungement

Case Example No. 1 (Eligible for Expungement)

• Count 1: Not Guilty
• Count 2: Not Guilty

Case Example No. 2 (Eligible for Expungement with some restrictions)

• Count 1: Nolle Prosequi
• Count 2: Probation before judgment (PBJ)
• Count 3: Nolle Prosequi

Case Example No. 3 (Not Eligible for Expungement)

• Count 1: Nolle Prosequi
• Count 2: Guilty
• Count 3: Nolle Prosequi
• Count 4: Nolle Prosequi

Case Example No. 4 (Not Eligible for Expungement)

• Count 1: Not Guilty
• Count 2: PBJ
• Count 3: Guilty
• Count 4 Nolle Prosequi

As you can see there are various types of outcomes and fact that their was a misdemeanor or felony charged does not dictate if you are eligible for expungement.

Can I Expunge a DUI Probation Before Judgment?

Can you expunge a DUI probation before judgment in Maryland? The answer is no, you cannot expunge a DUI or DWI in Maryland. If you receive a PBJ for a driving while under the influence or driving while impaired or any violation of Maryland TR 21-902, you are not able to expunge those charges.

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