When Can I File for Expungement in Maryland?
Expungement is the removal of criminal charges from your record. One of the most common questions we hear from clients is: When Can I File for Expungement in Maryland? The answer to that questions depends on the outcome in the case and the time that has passed since that outcome. MarylandExpungement.com is an online expungement service. If you have a criminal record that you want removed, use MarylandExpungement.com and their expungement attorneys can clean your record.
The court, police and other agencies will not remove the record of the crime unless you file for expungement. Click here to start the expungement process and let’s start over with a clean record.
When Can I File for Expungement?
When considering when to file for expungement, you must first look at the outcome and then the time since that outcome in the case. A lot of people will only look at how they plead in the case. But the more important questions to ask is: What was the outcome of disposition in the case? There are certain outcomes that cannot be expunged from your record.
When Can I Expunge my record?
We have listed the various outcomes for a criminal case in Maryland with the corresponding times when you can file for expungement:
- Acquittal – If you case resulted in an acquittal, you can file for expungement immediately after the acquittal was entered. You may have to agree that you will not file suit against the complainant in the matter if it is less than 3 years after the outcome.
- Dismissal or Charges were quashed – If the charges were dismissed or quashed, then expungement may be filed immediately after the outcome. You have to agree that you won’t file a lawsuit against the complainant if done within 3 years after the outcome.
- Charge is no longer a crime – If the charge is no longer a crime, then expungement paperwork may be filed immediately.
- Probation before judgment and the charge is no longer a crime – If you received a probation before judgment (PBJ) and the charge is no longer a crime, then you are eligible for expungement immediately.
- Probation before judgment – You are eligible to file for expungement 3 years after the probation was entered or probation has been discharged, whichever is later. Again, there are some charges that cannot be expunged if you received a probation before judgment, mainly DUI and DWI charges.
- Nolle Prosequi – A nolle prosequi of a charge is eligible for expungement immediately but you may have to file a waiver to file suit against the complainant in the case.
- Stet – A Stet is eligible for expungement 3 years after the Stet was entered by the Court.
- Conviction of a Nuisance Crime – Crimes that are defined in Maryland Criminal Procedure Article 10-105(a)(9) may be expunged even if you were found guilty.
If you want to remove a charge from your record in Maryland, the easiest way is to use MarylandExpungement.com.