Maryland Expungement: Eligibility, Shielding, and the 2023 Expansion
Maryland has both expungement and shielding — two different processes with different effects. Learn who qualifies under Md. Code § 10-101 and what the 2023 expansion changed.
Maryland has a detail that trips people up: the state has both expungement and shielding, and they are not the same thing. Expungement removes a record from public access. Shielding restricts access — but some employers and agencies can still see shielded records. If you go through the process expecting expungement and you got shielding instead, you may be surprised later. Understanding which process applies to your case, and what it will actually do, is the starting point.
This is not legal advice.
This guide explains how the law works in general terms. Whether you qualify depends on your specific record, and a judge makes the final call. If your situation is complicated — multiple convictions, charges in multiple states, or a previous denial — consulting a lawyer who handles expungement is worth the cost of a consultation.
Expungement versus shielding in Maryland
Maryland law creates two distinct pathways for record relief, with different eligibility rules and different practical outcomes.
- EXPUNGEMENT (Md. Code Ann., Crim. Proc. § 10-101 et seq.): The record is removed from public access. Law enforcement and courts can access it for criminal justice purposes, but the public — including most employers and landlords — cannot. Available for non-conviction records (acquittals, probation before judgment, nolle prosequi) and now some misdemeanor convictions under the 2023 expansion.
- SHIELDING (Md. Code Ann., Crim. Proc. § 10-201 et seq.): The record is restricted but not removed. The general public and most private employers cannot see it through standard background checks. However, certain employers — government agencies, federal employers, and some licensed professions — may still access shielded records.
- KEY DIFFERENCE: With expungement, you can generally deny the record exists on most applications. With shielding, the record still exists and may appear in some background check contexts.
Which one your record may be eligible for depends on your specific charge and disposition. Non-conviction records (acquittals, nolle prosequi, PBJ) are typically eligible for expungement. Some misdemeanor convictions are eligible for shielding. The 2023 expansion added new expungement pathways for some misdemeanor convictions.
What the 2023 expansion changed
Maryland HB 1/SB 60, signed into law in 2023, significantly expanded expungement eligibility. The key changes:
- New misdemeanor expungement pathways: Certain misdemeanor convictions that were previously only eligible for shielding — or not eligible for any relief — became eligible for expungement after a 10-year waiting period.
- Marijuana conviction expansion: Following Maryland's 2023 marijuana legalization, new pathways were created for expungement of marijuana-related convictions. Simple possession and use convictions became broadly eligible.
- Procedural improvements: The law streamlined some aspects of the petition process.
If you have a Maryland misdemeanor conviction and you looked at expungement eligibility before 2023, the law has changed. It is worth re-checking your specific charge.
Probation Before Judgment (PBJ) — an important Maryland category
Maryland has a disposition called Probation Before Judgment (PBJ) that is not quite a conviction and not quite a dismissal. Under PBJ, a judge accepts a guilty plea but defers judgment — you complete probation, and if you do, the case is dismissed rather than resulting in a conviction on your record.
PBJ dispositions are generally eligible for expungement in Maryland after a three-year waiting period from the date of the PBJ. This is important because PBJ often still shows on background checks until it is expunged, which surprises people who thought "it was dismissed."
- PBJ is a common Maryland disposition. Many people receive PBJ without fully understanding it.
- PBJ does not result in a conviction — but it shows on background checks until expunged.
- PBJ is generally eligible for expungement under Md. Code Ann., Crim. Proc. § 10-105.
- Waiting period for PBJ expungement is 3 years from the date of the PBJ.
- Some categories of PBJ (particularly certain DUI PBJ dispositions) have different rules.
If you received a PBJ, check your background to see how it appears. PBJ often still shows as a charge or arrest even after the case was technically dismissed. Expungement cleans that up.
Who qualifies — and who does not
May qualify
- Acquittals (not guilty verdicts) — eligible for expungement
- Nolle prosequi (prosecution abandoned) — eligible for expungement after 3 years
- Probation Before Judgment (PBJ) — eligible for expungement after 3 years
- Stet docket (case indefinitely postponed without conviction) — eligible after 3 years
- Certain misdemeanor convictions — eligible for shielding after 3 years
- Certain misdemeanor convictions — eligible for expungement after 10 years (2023 expansion)
- Marijuana possession/use convictions — broadly eligible for expungement under 2023 reform
- Arrests with no charges filed — eligible for expungement after 3 years
Generally does not qualify
- Crimes of violence (specific list in Md. Code Ann., Crim. Law § 14-101)
- Sex offenses requiring registration on the sex offender registry
- DUI/DWI convictions in many circumstances
- Child abuse and neglect crimes
- Crimes where victim was a minor in many categories
- Any case with pending charges or active probation
The 2023 expansion added new expungement pathways for some misdemeanor convictions that were previously only shieldable. If your conviction is a misdemeanor, check the updated statute — you may now have an expungement path that did not exist before.
Waiting periods
Waiting Periods
The clock starts on the date shown below — not your arrest date.
Misdemeanor — expungement (non-conviction, diversion)
Clock starts: Date of disposition
Acquittals, probation before judgment, nolle prosequi: typically 3 years after disposition.
Misdemeanor conviction — shielding
Clock starts: Date of conviction
Shielding restricts access to the record but does not eliminate it. Different from expungement.
Certain misdemeanor convictions — expungement (2023 expansion)
Clock starts: Date sentence fully served
The 2023 Maryland Cannabis Administration and Expungement Act expanded expungement eligibility for some misdemeanor convictions.
Marijuana-related convictions
Clock starts: Date of legalization / petition date
Maryland legalized recreational marijuana in 2023. Marijuana convictions now ripe for expungement under new pathways.
Arrest with no conviction
Clock starts: Date of arrest or date charges were dropped
Some non-conviction records have shorter waiting periods depending on how the case resolved.
No filing fee in Maryland
Maryland does not charge a filing fee for expungement or shielding petitions. This is one of Maryland's genuine strengths in making record relief accessible. You will have minor costs — obtaining your criminal history report ($18), copying documents, certified mail — but the court filing itself is free.
How to file in Maryland
How to file for expungement or shielding in Maryland
- 1
Determine whether you want expungement or shielding
1 dayFreeMaryland has two different processes with different eligibility and different outcomes. Expungement removes the record from public access. Shielding restricts access but does not eliminate the record — employers can still see shielded records in some contexts. Determine which applies to your situation before filing.
Review your specific charges under Md. Code Ann., Crim. Proc. § 10-101 (expungement) and § 10-201 (shielding) to understand which process covers your offense.
- 2
Get your Maryland criminal history
1–3 weeks$18Request your official Maryland criminal history from the Maryland State Police Criminal Justice Information Systems (CJIS) Central Repository. This document shows your full Maryland record. You need it to confirm your specific charges, conviction dates, and sentence completion dates.
Request at mdsp.maryland.gov. Processing takes 1–3 weeks. Online requests may be faster.
- 3
Pull your court records
1–3 daysFree for online search; copies vary by courtGet your case records from the court where your case was heard. Maryland courts have online case access at casesearch.courts.state.md.us. You need the case number, conviction date, specific charge with Maryland statute reference, and sentence completion date.
Maryland Case Search (casesearch.courts.state.md.us) is comprehensive and free. You can usually find your case information without requesting physical records.
- 4
Download the appropriate petition form
15 minutesFreeMaryland has different forms for expungement and shielding. Download the current form from the Maryland Courts website at courts.state.md.us/legalhelp/petition. Form DC/CR 78 is the standard expungement petition. Form DC/CR 79 is for shielding.
Use the current form. Maryland forms are updated when the law changes — the 2023 expansion required form revisions. Check the date on the form you download.
- 5
Complete the petition
30–60 minutesFreeFill out all required fields: your name, date of birth, address, the case number, charge, conviction date, sentence completion date, and the statutory basis for expungement or shielding. List every court case you want addressed. Incomplete forms are returned.
- 6
File your petition — no filing fee
1 dayNo filing feeMaryland does not charge a filing fee for expungement or shielding petitions. Take your completed petition and supporting documents to the clerk of the District Court or Circuit Court, depending on where your case was heard. The clerk will accept the petition and schedule or process the request.
District Court handles most misdemeanor cases. Circuit Court handles felonies and more serious cases. File where your case was heard.
- 7
State's Attorney is notified and has 30 days to respond
30 daysNothingFor expungement petitions, the State's Attorney receives notice and has 30 days to file an objection. If no objection is filed and the legal requirements are met, the court may grant the petition without a hearing.
- 8
Attend a hearing (if objection filed or judge requires one)
30–60 minutesNothingIf the State's Attorney objects or the court wants more information, a hearing is scheduled. Show up, be prepared to explain your situation, and bring documentation of your current life situation.
Maryland Public Defender's office does not typically handle expungement cases, but Maryland Legal Aid can assist if you are income-eligible.
- 9
Order granted — agencies notified
4–8 weeksNothingWhen the court grants the petition, copies are sent to the Maryland State Police Central Repository and any other agencies holding the record. Each agency is required to comply with the expungement or shielding order. Keep certified copies.
Run a background check on yourself about 90 days after the order to confirm all agencies have updated. Dispute any records that still appear incorrectly.
- Maryland State Police criminal history (mdsp.maryland.gov) — $18
- Court records from Maryland Case Search (casesearch.courts.state.md.us)
- Completed petition form (DC/CR 78 for expungement; DC/CR 79 for shielding) from courts.state.md.us
- Proof of sentence completion or probation discharge
- Documentation of PBJ dismissal (if applicable)
- Two copies of all documents
Maryland offers both expungement and shielding forms. Be sure you are using the correct one for your situation. Submitting the wrong form wastes time.
What to know about shielding limitations
If your conviction qualifies for shielding rather than expungement, understand the practical limits. Shielded records do not appear on standard background checks accessed by most private employers and landlords. But:
- Government employers may access shielded records.
- Federal employers and federal background checks are not limited by Maryland shielding.
- Some professional licensing applications may ask about shielded records.
- Law enforcement always retains access.
For most people in most situations — private employment, rental housing, consumer credit — shielding provides meaningful protection. But it is not the same as full expungement, and it is worth understanding the difference before you assume your record is gone.
Free and low-cost legal help in Maryland
- Maryland Legal Aid — free civil legal help for income-eligible Marylanders statewide. mdlab.org or 410-539-5340.
- People's Law Library — free legal information for Maryland residents at peoples-law.org.
- Maryland Volunteer Lawyers Service — pro bono legal assistance. mvlslaw.org.
- Community Legal Services (CLS) of Prince George's County — clspgc.org.
- JLOC (Just and Legal Outcome Center) — assists with record clearing in the Baltimore region.
- Maryland Courts Self-Help Center — forms and information at courts.state.md.us/legalhelp.
- Maryland Bar Foundation Lawyer Referral Service — mdbf.org.
Maryland Legal Aid runs specific expungement clinics in many counties. Check their website for current clinic schedules — a clinic appearance can dramatically simplify the process.
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