Maryland Expungement Laws: Eligibility, Waiting Periods, and How to File (2026)

Maryland allows people with qualifying arrests and convictions to petition for expungement under Md. Code, Criminal Procedure (CP) § 10-101 et seq., clearing records from public inspection and restoring access to jobs, housing, and licensing. A separate shielding remedy under CP § 10-301 et seq. applies to certain misdemeanor convictions that do not qualify for full expungement.

Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.

Jurisdiction scope: This article covers Maryland state law only. For a nationwide comparison, see Expungement Laws by State.

Expungement vs. Shielding in Maryland

Maryland uses two distinct remedies, and the difference matters in practice.

Expungement under CP § 10-101 et seq. removes records from public inspection entirely. Law enforcement retains access only by court order. Records may be obliterated, transferred to a restricted repository, or stripped of any index that would allow access. Once expunged, a person generally need not disclose the charge or conviction to employers or government agencies under CP § 10-109.

Shielding under CP § 10-301 et seq. renders court and police records inaccessible to the general public but leaves them visible to criminal justice agencies, licensing boards with statutory authorization, and organizations screening employees or volunteers who work with children or vulnerable adults under CP § 10-302. Shielding applies only to 12 specific misdemeanor offenses (see the shielding section below) and is limited to one petition per lifetime.

The practical rule: if your conviction appears on the CP § 10-110 eligibility list, pursue expungement. If your conviction appears on the CP § 10-301 shieldable list but not on the § 10-110 list, pursue shielding. Many convictions qualify for neither remedy.

Expungement of Non-Convictions (CP § 10-105)

Maryland law provides the broadest relief for cases that did not result in a conviction. Under CP § 10-105, a person may petition for expungement when charges resulted in any of the following dispositions:

• Acquittal at trial
• Dismissal
• Nolle prosequi (including nolle prosequi with treatment conditions)
• Probation before judgment (PBJ), unless the person was charged with a violation of Transportation Article § 21-902(c), (d), (h), or (i), Criminal Law Article Title 2, Subtitle 5 (homicide by motor vehicle or vessel), or CL § 3-211
• Stet (indefinite postponement) or compromise under CL § 3-207
• Transfer to juvenile court under CP § 4-202 or § 4-202.2

The same section also reaches two situations that are not non-convictions at all, and both are easy to miss because they sit in the middle of a list of dismissals and acquittals:

• Conviction of possession of cannabis under CL § 5-601 (CP § 10-105(a)(12))
• Conviction of only one criminal act that is not a crime of violence, followed by a full and unconditional pardon from the Governor (CP § 10-105(a)(8))

Waiting periods: A petition based on an acquittal, nolle prosequi, or dismissal may not be filed within 3 years after the disposition unless the petitioner files with the petition a written general waiver and release of all the petitioner's tort claims arising from the charge, which permits an immediate filing (CP § 10-105(c)(1)). That waiver is a right the petitioner exercises by filing it, not a discretionary grant, and it is the ordinary route for someone who was acquitted or whose case was dismissed recently and has no intention of suing over the arrest.

For a PBJ, the petition must wait until the later of discharge from probation or 3 years after the probation was granted. A PBJ for a violation of Transportation Article § 21-902(a) or (b) (driving while impaired by alcohol or drugs) is the exception: that petition may not be filed within 15 years after the date the petitioner was discharged from probation (CP § 10-105(c)(2)(ii)). For a stet or compromise, the 3-year period applies.

A conviction for cannabis possession under CL § 5-601 may be petitioned as soon as the sentence is complete, with no further waiting period (CP § 10-105(c)(8)). A petition based on a Governor's pardon runs the opposite way from every other provision in the subtitle: it is a deadline rather than a floor, and it may not be filed later than 10 years after the pardon was signed by the Governor (CP § 10-105(c)(4)). A court may grant a petition at any time on a showing of good cause (CP § 10-105(c)(9)).

PBJ disqualifications: A PBJ may not be expunged if the person is convicted of a crime other than a minor traffic violation within 3 years after the PBJ was entered. For a PBJ on a § 21-902(a) or (b) charge that lookback runs 15 years, and receiving a second PBJ for any § 21-902 violation inside those 15 years also disqualifies the petitioner (CP § 10-105(e)(4)). A pending criminal proceeding disqualifies a petitioner in either case.

Unit rule: Under CP § 10-107, if a person received multiple charges arising from the same incident, transaction, or set of facts (a "unit"), and one charge in the unit is ineligible for expungement, then no charge in that unit may be expunged. Two categories of charge are carved out of the unit by the statute itself: a charge for a minor traffic violation and a charge for possession of cannabis under CL § 5-601 arising from the same facts are not part of the unit (CP § 10-107(a)(2)). CP § 10-107(b)(2) adds that the disposition of a minor traffic charge arising from the same incident does not affect any right to expungement of a charge or conviction in the unit. So a case that paired an otherwise eligible charge with a cannabis-possession or minor-traffic charge is not blocked by the unit rule.

Process: File the petition in the court where the proceedings originated. The State's Attorney must be served and has 30 days to object. If no timely objection is filed, the court may order expungement without a hearing. If the State's Attorney objects, the court holds a hearing.

Expungement of Convictions (CP § 10-110)

Maryland law permits expungement of certain convictions, but the eligible offense list is finite and waiting periods are longer than for non-convictions.

Eligible Misdemeanor Convictions

CP § 10-110(a)(1) lists an extensive catalog of misdemeanor violations across multiple code articles, including alcoholic beverages offenses, various business and criminal law misdemeanors, election law violations, and common law crimes such as affray, rioting, and battery. Theft and certain weapons offenses also appear on the list. Violations of CL § 5-601 (cannabis or controlled substance possession) are listed, but the statute expressly excludes "the use or possession of cannabis" from that subsection, because cannabis possession convictions are handled by CP § 10-105(a)(12) instead following the 2023 cannabis reforms described below.

Standard misdemeanor waiting period: 5 years after completion of the entire sentence, including any probation, parole, or mandatory supervision.

Battery (CL § 3-203): 7 years after sentence completion.

Domestically related crimes: 15 years after sentence completion.

Eligible Felony Convictions

The felony list under CP § 10-110(a)(2) is narrow:

• Theft (CL § 7-104)
• Possession with intent to distribute a controlled dangerous substance (CL § 5-602)
• Burglary in the first degree (CL § 6-202(a))
• Burglary in the second degree (CL § 6-203)
• Burglary in the third degree (CL § 6-204)

Attempts, conspiracies, and solicitations of the above eligible offenses are also covered.

Standard felony waiting period: 7 years after sentence completion.

First and second degree burglary (CL § 6-202(a) and § 6-203) and felony theft (CL § 7-104): 10 years after sentence completion.

Cannabis possession with intent to distribute (CL § 5-602, cannabis-related): 3 years after sentence completion.

Court Procedure for Conviction Expungement

Petitions are filed in the court where the proceedings originated. The State's Attorney must be served, and crime victims listed in the case receive written notice with the right to submit information to the court within 30 days. The court may grant expungement without a hearing if no timely objection is raised. If an objection is filed, the court holds a hearing and evaluates factors including public safety risk, the petitioner's rehabilitation, and whether any restitution ordered has been paid.

Record Shielding for Misdemeanor Convictions (CP § 10-301 et seq.)

Shielding is a separate, narrower remedy for convictions that do not qualify for full expungement. Under CP § 10-301, the following 12 misdemeanor convictions are "shieldable":

1. Disorderly conduct
2. Disturbing the peace
3. Failure to obey a lawful order
4. Malicious destruction of property (lesser degree)
5. Trespass on posted property
6. Possession or administration of a controlled substance
7. Possession or administration of a noncontrolled substance
8. Possession or use of drug paraphernalia
9. Driving without a license
10. Driving with a suspended, revoked, or canceled privilege
11. Driving while uninsured
12. Prostitution (excluding assignation)

Waiting period: A shielding petition may not be filed earlier than 3 years after the person satisfies the sentence or sentences imposed, including all probation, parole, or mandatory supervision (CP § 10-303).

Disqualifications: A new criminal conviction during the waiting period bars the original conviction from shielding. Pending criminal proceedings also disqualify a petitioner. If one conviction in a unit is ineligible for shielding, all convictions in that unit are barred.

Lifetime limit: A person may be granted only one shielding petition over their lifetime (CP § 10-303).

Access to shielded records: Criminal justice agencies, employers with statutory screening authority, licensing boards, family court entities, health occupations boards, and organizations working with children retain access to shielded records under CP § 10-302. A conviction of a domestically related crime designated under CP § 6-233 is excluded from shielding entirely, because CP § 10-302(a) provides that the shielding subtitle does not apply to such a conviction.

Cannabis Convictions and the 2023 Reforms

Maryland legalized adult-use cannabis effective July 1, 2023. Three separate provisions now bear on cannabis records, and they do not overlap neatly.

Petition expungement of any cannabis possession conviction (CP § 10-105(a)(12)): A conviction for possession of cannabis under CL § 5-601 is a listed ground for full petition expungement under CP § 10-105, whatever the date of the case. There is no waiting period beyond completion of the sentence (CP § 10-105(c)(8)). This is the broadest cannabis remedy available and it reaches records the case-search provision below does not, including possession cases resolved on or after July 1, 2023. A cannabis-possession charge is also carved out of the CP § 10-107 unit rule, so its presence in a multi-charge case does not block expungement of the rest.

Automatic removal from case search (CP § 10-111): The Maryland Judiciary Case Search may not display references to criminal cases where cannabis possession under CL § 5-601 was the sole charge and the charge was resolved before July 1, 2023. This is a restriction on public case-search display, not a formal expungement order, but it has practical effect for older possession cases.

Petition expungement for possession with intent to distribute: Convictions under CL § 5-602 involving cannabis distribution are now listed on the CP § 10-110 conviction expungement list with a reduced 3-year waiting period after sentence completion. This applies to individuals who completed their sentence and have waited the requisite time.

Civil cannabis violations: Violations involving possession of a personal-use or civil-use amount of cannabis are classified as civil offenses, not criminal convictions, under CL § 5-601.1. Records of these civil citations are removed from public inspection without a petition across a broad list of outcomes under CL § 5-601.1(m), and the list includes outcomes with liability, not only clean ones. It covers cases where the defendant prepaid the fine, pled guilty or was found guilty and fully paid the fine and costs imposed, received a probation before judgment and fully paid the fine and completed any terms imposed, or had the case removed from the stet docket after fully paying the fine and completing any terms imposed, as well as cases resolved by nolle prosequi, a not guilty finding, or dismissal.

Individuals with cannabis-related records should review their specific charge under CP § 10-105 (petition expungement of a possession conviction), CP § 10-110 (petition expungement of a distribution conviction), and CP § 10-111 (case-search visibility) to determine which provision applies.

How to File a Maryland Expungement Petition

The general steps for filing under CP § 10-105 (non-conviction) or CP § 10-110 (conviction) are as follows:

1. Identify the court of origin. File the petition in the court where the underlying proceedings were initiated. If the case was transferred or appealed, the petition goes to the court that handled the final disposition.
2. Obtain and complete the petition form. The Maryland Courts Self-Help Center (mdcourts.gov) provides form CC-DC-CR-072, the Petition for Expungement of Records.
3. Serve the State's Attorney. The petition must be served on the State's Attorney for the jurisdiction. The court will serve crime victims listed in the case file.
4. Wait for the objection period. If no objection is filed within 30 days, the court may grant the petition without a hearing.
5. Attend a hearing if required. If the State's Attorney or a victim objects within 30 days, the court schedules a hearing.
6. Court order and processing. After the court issues the expungement order, each agency holding records related to the case receives the order and must act on it. Full processing across all agencies can take several months.

A full and unconditional pardon from the Governor is not a separate pathway. It is ground (a)(8) of CP § 10-105 itself, available where the person was convicted of only one criminal act and that act is not a crime of violence. It also carries the one filing deadline in the subtitle: the petition may not be filed later than 10 years after the pardon was signed by the Governor (CP § 10-105(c)(4)). Anyone holding a pardon signed more than a decade ago should confirm with counsel whether the remedy is still open.

Disclaimer: This article describes Maryland expungement and shielding law as of May 29, 2026, based on Md. Code, Criminal Procedure §§ 10-101 through 10-111 and §§ 10-301 through 10-303, and related Criminal Law Article provisions. Laws change; verify current eligibility requirements with the Maryland Courts or a licensed Maryland attorney before filing. Nothing in this article constitutes legal advice.

Related Articles

• Expungement Laws by State. Compare expungement eligibility and waiting periods across all 50 states
• DUI Expungement by State: Which States Allow It?. State-by-state guide to expunging DUI convictions
• How to Check If Your Record Has Been Expunged. Steps to verify your expungement was processed correctly

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This article is for general informational purposes only and does not constitute legal advice. Laws may change. Consult a licensed Maryland attorney for guidance specific to your situation.

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