Compare Records Clearance Policies | National Reentry Resource Center

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Clearance policy overview	Records of any offense which is no longer a crime can be sealed by the commissioner of probation at any time. ALM GL ch. 276, § 100A(2).	Records of a case for which a pardon has been granted are sealed immediately. ALM GL ch. 127, § 152.	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.	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 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.	Records relating to a specified felony conviction can be expunged by the court 15 years after sentence completion. Md. Crim Proc. Code Ann. § 10-110(a)(2).	On or before July 1, 2024, the Department of Public Safety and Correctional Services shall expunge all cases in which: (1) possession of cannabis under § 5-601 of the Criminal Law Article is the only charge in the case; and (2) the charge was issued before July 1, 2023. Md. Criminal Procedure Code Ann. § 10-112(b).
Ineligible Category or Citation	This provision does not apply if the elements of the offense continue to be a crime under a different designation.ALM GL ch. 276, § 100A(2).	There is no statutory language regarding ineligibility.	This section applies only to prostitution-related offenses and controlled substance possession. ALM GL ch. 265, § 59(a).	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)	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.	There is no statutory language regarding ineligible offenses.	No statutory language regarding ineligible offenses.
Clearance Process	Petition-based	Automatic	Petition-based	Petition-based	Automatic	Automatic	Petition-based	Automatic	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	Petition-based	Automatic
Waiting Periods	The record can be sealed at any time.	There is no waiting period.	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.	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.	The petition can be filed 15 years after sentence completion.	There is no waiting period.
Fees	There is no fee.	There is no fee.	There are no 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 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.	There is no statutory language regarding fees.	There is no no statutory language on fees.
Effect	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. ALM GL ch. 276, §§ 100A, 100C, 100D. Certain child welfare related agencies and employers are given access to sealed records. ALM GL ch. 6, §§ 172B, 172F.	Sealed records shall not disqualify a person in any examination, appointment or application for employment or other benefit, public or private, including, but not limited to, licenses, credit or housing, nor shall such sealed record be admissible in evidence or used in any way in any court proceeding or hearing before any board, commission or other agency except in imposing sentence in subsequent criminal proceedings and certain other court proceedings. On applications the person may deny having been convicted. ALM GL ch. 127, § 152.	The court vacates the conviction on the merits and enters a plea of not guilty. ALM GL ch. 265, § 59(b), (d).	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).	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).	Records are removed from public inspection. Md. Crim. Proc. Code Ann. § 10-101(d), (e).	Expungement means the removal of all references to a specified criminal case from the Central Repository. Md. Criminal Procedure Code Ann. § 10-112(a). The Maryland Judiciary Case Search may not refer to the existence of a criminal case in which: (1) possession of cannabis under § 5-601 of the Criminal Law Article is the only charge in the case; and (2) the charge was disposed of before July 1, 2023. Md. Criminal Procedure Code Ann. § 10-111.
Remedy	Seal	Seal	Vacate	Seal	Seal	Seal	Seal	Expunge	Expunge	Vacate	Expunge	Expunge	Expunge	Expunge	Expunge	Shield	Expunge	Vacate	Expunge	Expunge

The National Reentry Resource Center is operated by the Council of State Governments Justice Center and supported by Grant No. 15PBJA-23-GK-05503-MUMU awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.