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| Clearance policy overview | Records of a prostitution-related or drug possession case can be vacated at any time if the person's participation in the offense resulted from being a victim of human trafficking. ALM GL ch. 265, § 59. | A record relating to any juvenile court appearance on file in the Office of the Commissioner of Probation can be sealed, so long as the person is not subject to any disqualifying event, and at least three years have passed from any court appearance or disposition.€¯ALM GL ch. 276, § 100B. | Records relating to juvenile court appearance or disposition for certain possession or cultivation of an amount of marijuana, possession of marijuana with intent to distribute, or distribution of marijuana offenses, can be expunged by the court. ALM GL ch. 276, § 100K¼. | Records of a first controlled substance case dismissed after successful completion of probation or continuance can be sealed by the court immediately. ALM GL ch. 94C, § 34. | Records are expunged or sealed by the court upon entry of a judgment or settlement agreement that a person was erroneously convicted and incarcerated for a felony. ALM GL ch. 258D, § 7. | Records of a case will be sealed by the court and probation officials upon a no bill returned by the grand jury. ALM GL ch. 276, § 100C. | Records of a case resolved by a finding of not guilty, a finding of no probable cause, a nolle prosequi, or a dismissal can be sealed by the court immediately. ALM GL ch. 276, § 100C, ALM GL ch. 94C, § 44. | Records related to acquittals, dismissals, not guilty, or nolle prosequi, except nolle prosequi with a requirement of drug or alcohol treatment, shall be expunged. Md. Criminal Procedure Code Ann. § 10-105.1(a). | Records relating to a first offender conviction of a nonviolent offense, for which a full and unconditional pardon has been granted, can be expunged by the court 10 years after the pardon is granted. Md. Code Ann., Crim. Proc. § 10-105(a)(8), (c)(4). | Records relating to a person who has only one misdemeanor adjudication can be expunged so long as the person is at least 18 years old, at least two years have passed since the last official action in any of the cases, and the person is not subject to a disqualifying event. Md. Code Ann., Cts & Jud. Proc. § 3-8A-27.1. | Records relating to a person who has dismissed charges can be expunged so long as the person is at least 18 years old, at least two years have passed since the last official action in any of the cases, and the person is not subject to a disqualifying event. Md. Code Ann., Cts & Jud. Proc. § 3-8A-27.1. | Records relating to the entry of a probation before judgment or judgment of conviction in a criminal case may be vacated by the court on the ground that there is newly discovered evidence, or the interest of justice and fairness justifies vacating the probation before judgment or conviction. Md. Criminal Procedure Code Ann. § 8-301.1(a)(1). | Records relating to a charge that was transferred to the juvenile court under § 4-202, can be expunged by the court. Md. Code Ann., Crim. Proc. § 10-105(a)(7). | Records relating to a violation of §3-203 of the Criminal Law Article or common law battery can be expunged by the court 7 years after sentence completion. Md. Code Ann., Crim. Proc. § 10-110(a), (c)(2). | Records relating to specified low-level offenses can be expunged by the court three years after sentence completion or a finding of not criminally responsible. Md. Code Ann., Crim. Proc. § 10-105(a)(9)-(10), (c)(6)-(7). | Records relating to specified misdemeanor convictions can be expunged by the court 5 years after sentence completion. Md. Code Ann., Crim. Proc. § 10-110(a), (c)(1). | Records relating to misdemeanor convictions for assault in the second degree or a domestically related offense can be expunged by the court 15 years after sentence completion. Md. Code Ann., Crim. Proc. § 10-110(c)(2). | Records related to an eligible conviction can be shielded by the court three years after sentence completion. Md. Code Ann., Crim. Proc. §§ 10-303(a), 10-301(f). | Records relating to a conviction for an act that is no longer a crime can be expunged by the court. Md. Code Ann., Crim. Proc. § 10-105(a)(11). | Records relating to a prostitution conviction can be vacated by the court if the person's participation in the offense was a direct result of being a victim of human trafficking. Md. Code Ann., Crim. Proc. § 8-302. |
| Ineligible Category or Citation | This section applies only to prostitution-related offenses and controlled substance possession. ALM GL ch. 265, § 59(a). | To be eligible for sealing, the person cannot have been: (1) adjudicated delinquent or as a youthful offender, or found guilty of any criminal offense in the three years preceding such request, except motor vehicle offenses in which the penalty does not exceed a $50 fine, or (2) imprisoned under sentence or committed as a juvenile within the preceding three years. Mass. Gen. Laws Ann. 276 § 100B. | There is no statutory language on ineligible offenses. | Sealing in this regard only applies only to violations of ALM GL ch. 94C, § 34. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | No statutory language regarding ineligible offenses. | Crimes of violence. Md. Crim. Proc. Code Ann. § 10-105(a)(8) | See Md. Code Ann., Cts & Jud. Proc. § 3-8A-27.1 for ineligible offenses. | See Md. Code Ann., Cts & Jud. Proc. § 3-8A-27.1 for ineligible offenses. | No statutory language regarding ineligible offenses. | No statutory language regarding ineligible offenses. | This section applies only to a violation of §3-203 of the Criminal Law Article , or common law battery. Md. Crim. Proc. Code Ann. §10-110 (a), (c)(2). | There is no statutory language regarding ineligible offenses. | This section applies only to those misdemeanor convictions listed in section 10-110(a), excluding section 3-203 of the Criminal Law Article and offenses classified as domestically related crimes under section 6-233 of this article. Md. Crim. Proc. Code Ann. §10-110 (a), (c)(1). | This section applies only to violations of 3-203 of the Criminal Law Article and domestically related offenses under section 6-2333 of this article. Md. Crim. Proc. Code Ann. § 10-110(c)(2). | See section 10-301(f) for offenses eligible to be shielded. | There is no statutory language regarding ineligible offenses. | This provision applies only to prostitution offenses committed under duress. |
| Clearance Process | Petition-based | Petition-based | Petition-based | Petition-based | Automatic | Automatic | Petition-based | Automatic | Petition-based | Petition-based | Petition-based | By petition or court's own motion | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based |
| Waiting Periods | There is no waiting period. | The petition can be filed after three years from any court appearance or disposition. | There is no waiting period. | The record can be sealed after the completion of probation or term of continuance. | There is no waiting period. | There is no waiting period. | There is no waiting period. | The waiting period is three years. | The petition can be filed 10 years after the pardon is granted. | The petition can be filed when the person is 18 or older, and at least two years have passed since the last official action in the case. | The petition can be filed when the person is 18 or older and at least two years have passed since the last official action in the case. | There is no waiting period. | There is no waiting period. | There is a 7-year waiting period. | The petition can be filed three years after sentence completion or a finding of not criminally responsible. | The petition can be filed 10 years after sentence completion. | The petition may be filed 15 years after sentence completion. | The petition can be filed three years after sentence completion. | The petition can be filed at any time. | The petition must be filed within a reasonable time after the conviction. |
| Fees | There are no fees. | There is no statutory language on fees. | There is no statutory language on fees. | There is no fee. | There is no fee. | There is no fee. | There is no fee. | There is no statutory language on fees. | There is no statutory language regarding a fee. | There is a $30 filing fee, unless all records to be expunged relate to a charge of which the petitioner has been found not involved. See the court fee schedule at http://mdcourts.gov/circuit/feeschedule.pdf. | There is a $30 filing fee, unless all records to be expunged relate to a charge of which the petitioner has been found not involved. See the court fee schedule. | There is no no statutory language on fees. | There is no statutory language regarding a fee. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. |
| Effect | The court vacates the conviction on the merits and enters a plea of not guilty. ALM GL ch. 265, § 59(b), (d). | Sealed records shall not operate to disqualify a person in any future examination, appointment, or application for public service under the government of the commonwealth or of any political subdivision thereof; nor shall such sealed records be admissible in evidence or used in any way in any court proceedings or hearings before any boards of commissioners, except in imposing sentence for subsequent offenses in delinquency or criminal proceedings.€¯ALM CL ch. 276, § 100B. Sealed records will not disqualify the person from public service or employment by the state or municipalities. The person can tell prospective employers they have no criminal record, and court officials report that no record exists. The sealed record is not admissible and cannot be used in court or most other proceedings.€¯ALM CL ch. 276, § 100B. | No person whose record was expunged shall be held under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of the person's failure to recite or acknowledge such record, or portion thereof, in response to any inquiry made for any purpose. ALM GL ch. 276, § 100M. An expunged record shall not operate to disqualify a person in any examination, appointment or application for employment with any county agency, municipal agency or state agency, nor shall such expunged records be admissible in evidence or used in any way in any court proceedings or hearings before any boards or commissions or in determining suitability for the practice of any trade or profession requiring licensure. Mass. Gen. Laws Ann. 276 § 100N. | Sealed records will not be deemed a conviction for any purpose. The person can legally refuse to disclose arrest or any other related court proceeding. ALM GL ch. 94C, § 34 | The person can say they have no record in response to an inquiry in any employment application. The record does not disqualify the person from state or local public service, and cannot be used against the person in court or other proceedings. ALM GL ch. 258D, § 7. | Sealed records will not disqualify the person from public service or employment by the state. The person can tell prospective employers they have no criminal record, and court officials report that no record exists. The sealed record is not admissible and cannot be used in court or most other proceedings, though law enforcement retains access to sealed records. ALM GL ch. 276, §§ 100A, 100C, 100D. |
Sealed records will not disqualify the person from public employment. The person can tell prospective employers they have no criminal record, and court officials will report that no record exists, but the sealed record can be used in specified proceedings. ALM GL ch. 276, §§ 100A, 100C, 100D.
A person whose record relating to a controlled substance charge was sealed need not disclose the indictment, disposition, sealing, or any other related court proceeding in response to any inquiry made for any purpose. ALM GL ch. 94C,§ 44. |
For a case described in subsection (a) of this section, the court shall send notice of the disposition of each charge in the case and the date on which expungement is required to: (1) the Central Repository; (2) each booking facility, law enforcement unit, and other unit of the State and political subdivision of the State that the court believes may have a record subject to expungement under this section; and (3) the person entitled to expungement. Md. Criminal Procedure Code Ann. § 10-105.1(b). | The records are removed from public inspection. Md. Code Ann., Crim. Proc. § 10-101(d), (e). | Expungement, with respect to a court record or a police record, means the removal of the record from public inspection either by obliteration, by removal to a separate secure area limited to persons with legitimate access, or if access to a court record or police record can be obtained only by reference to another court record or police record, by the expungement of it or the part of it that provides access. Md. Code Ann., Crim. Proc. § 10-101(e). | Expungement, with respect to a court record or a police record, means the removal of the record from public inspection by obliteration, by removal to a separate secure area limited to persons with legitimate access, or if access to a court record or police record can be obtained only by reference to another court record or police record, by the expungement of it or the part of it that provides access. Md. Code Ann., Crim. Proc. § 10-101(e). | The court shall vacate the conviction. Md. Criminal Procedure Code Ann. § 8-301.1(a). | The records are removed from public inspection. Md. Code Ann., Crim. Proc. § 10-101(d), (e). | The records are removed from public inspection. Md. Code Ann., Crim. Proc. § 10-101(d), (e). | The records are removed from public inspection. Md. Code Ann., Crim. Proc. § 10-101(d), (e). | The records are removed from public inspection. Md. Code Ann., Crim. Proc. § 10-101(d), (e). | The records are removed from public inspection. Md. Code Ann., Crim. Proc. § 10-101(d), (e). | The court and police records relating to a conviction of a crime are made inaccessible to members of the public. Md. Code Ann., Crim. Proc. § 10-301(e). | The records are removed from public inspection. Md. Code Ann., Crim. Proc. § 10-101(d), (e). | The court shall vacate the conviction. Md. Code Ann., Crim. Proc. § 8-302(d). |
| Remedy | Vacate | Seal | Expunge | Seal | Seal | Seal | Seal | Expunge | Expunge | Expunge | Expunge | Vacate | Expunge | Expunge | Expunge | Expunge | Expunge | Shield | Expunge | Vacate |
