Frequently Asked Questions
I want to Expunge a Guilty Charge:
I
f you were found guilty, you may still be eligible for expungement.
A person is eligible to le if they were convicted of:
a criminal oense that is no longer a crime.
certain nuisance crimes.
cannabis possession under Criminal Law Article § 5-601.
specied crimes under Criminal Procedure Article § 10-110.
A person is also eligible to le if they received a citation for civil possession of cannabis under
Criminal Law Article § 5-601.1.
What does it Cost to File for Expungement? Can
the Fees be Waived?
There is no charge to expunge a case with a disposition of acquittal, not guilty, dismissal,
PBJ, nolle prosequi, stet, or NCR.
There is a $30 fee to le a petition for expungement of records with a guilty disposition
(CC-DC-CR-072B). Filing fees are non-refundable. If you cannot aord the fee, you may
request that the court waive the ling fee by ling a Request for Waiver of Prepaid Costs
(CC-DC-089).
Do I have to disclose my expunged charges?
• You may be required to disclose information about expunged cases in certain situations not
governed by Maryland law. If you are unsure about how to comply with the law, consult with an
attorney for advice, contact the Court Help Center at 410-260-1392 or visit:
mdcourts.gov/helpcenter
Will the public still be able to view records on case search after the record is expunged?
• No
Do I need an attorney?
• No, but an attorney may be helpful to you.
Will a bench warrant be issued if I do not appear for an expungement hearing?
• No, but your petition may be dismissed.
Do I need to File a Petition? If so, which Petition
should I file?
After October 1, 2021, any case that resulted in acquittal, dismissal, not guilty, or
nolle prosequi will be automatically expunged after three (3) years if you take no
action. However, you do not have to wait for the automatic expungement, and you
may want to le a petition.
There are three (3) types of Petitions for Expungement of Records:
Use form CC-DC-CR-072A - Acquittal, Dismissal, PBJ, Nolle Prosequi, Stet, or Not Criminally Responsible if:
your petition is based on an acquittal, not guilty, a nolle prosequi, or a dismissal.
You may le three (3) years after disposition. You may le earlier than three (3)
years if you sign and le a General Waiver and Release of all of your legal claims
arising from the charge.
your petition is based on a PBJ. You may le after probation is completed or
three (3) years after probation was granted, whichever date is later. However, if
your probation was completed in less than three (3) years, you may le a motion
for a good cause exception and the court will decide whether there is good cause
to grant an early expungement.
the petition is based on a stet. You may le three (3) years after the case was
marked stet on the docket. However, if it is less than three (3) years you may le a
motion for a good cause exception and the court will decide whether there is good
cause to grant an early expungement.
the petition is based on a nding of Not Criminally Responsible (NCR) for specied
nuisance crimes such as, but not limited to, urinating in public or open container.
You may le three (3) years after the NCR nding is made.
Use form CC-DC-CR-072B - Guilty Disposition if:
your petition is based on a guilty disposition.
Use form CC-DC-CR-072C - Acquittal, Dismissal, Not Guilty, or Nolle Prosequi (Less than 3 Years Has
Passed Since Disposition) if:
you would like to le to have your case expunged before the case is scheduled
to be automatically expunged. A case will be automatically expunged in three (3)
years if the case was closed with a nal disposition of acquittal, not guilty, dismissal,
or nolle prosequi.
What Can I Expect After Expungement?
The expungement process takes about 90 days from the date that you le your petition.
The State’s Attorney’s Oce has 30 days from when they receive the petition to
object to any petition for expungement.
If no objection is led after 30 days, the court will issue an order to any agency
involved in the case and they have 60 days to comply with the court’s order to
expunge the records.
You will receive a Certicate of Compliance in the mail to notify you that your expungement
has been completed.
The Criminal Justice Information Service (CJIS) handles expungements for the entire State
of Maryland. Expungements are processed in the order in which they are received, but
CJIS compliance may take longer than 60 days.