Compare Records Clearance Policies | National Reentry Resource Center

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Clearance policy overview	Records relating to an arrest resulting in probation before judgment, "stet", or compromise under Md. Crim. Law Code Ann. section 3-307 can be expunged by the court upon discharge from probation, completion of treatment, or three years after disposition, whichever is later. Md. Code Ann., Crim. Proc. § 10-105(a)(3)-(6) and (c)(2), (5).	Records relating to an arrest resulting in a nolle prosequi with the requirement of drug or alcohol treatment can be expunged by the court upon completion of the required treatment. Md. Code Ann., Crim. Proc. § 10-105(a)(4), (c)(3).	Records relating to an arrest occurring before October 1, 2007 for which no charges are filed, can be expunged by the law enforcement agency. Md. Code Ann., Crim. Proc. § 10-103.	A record of arrest occurring on or after October 1, 2007, for which charges are not filed will be expunged within 60 days of the petitioner's release. Md. Code Ann., Crim. Proc. § 10-103.1.	Records relating to a case in which a nolle prosequi is entered prior to service on the defendant can be expunged by the court. Md. Code Ann., Crim. Proc. § 10-104.	Records relating to an arrest resulting in an acquittal, nolle prosequi, or a dismissal can be expunged by the court three years after the disposition, unless the petitioner files a written general waiver and release of all tort claims arising from the charge. Md. Code Ann., Crim. Proc. § 10-105(a)(1), (2), (4), and (c)(1).	Records relating to a conviction for which the person received a full and free pardon are confidential. 16 M.R.S. § 703(2)(L).	Records related to a case that was dismissed with prejudice following a deferred disposition will become confidential of criminal history information. 16 M.R.S. § 703.	Records of an arrest and conviction involving a person whose identity was stolen and falsely used can be corrected by the court. 15 M.R.S. §§ 2182, 2183.	Records of an arrest or court proceeding that did not lead to a conviction can immediately become confidential. 16 M.R.S. § 703(2).	Records of an arrest or court proceeding in which no active prosecution is pending become confidential one year from arrest, summons, or the filing of charges. 16 M.R.S. § 703(2)(A), (F).	A misdemeanor conviction for criminal sexual conduct entered before January 12, 2015, can be set aside if the petitioner meets a certain criteria, and if the individual has not been convicted of another offense other than 2 minor offenses. Mich. Comp. Laws § 780.621(1)(a)-(d). Convictions that are deferred and dismissed are considered misdemeanor convictions for determining eligibility under this act. Mich. Comp. Laws § 780.621(2).	Records relating to one or more misdemeanor convictions, other than an application to set aside a serious misdemeanor, a first violation operating while intoxicated offense, or any other misdemeanor conviction for an assaultive crime may be set aside by the convicting court three or more years after whichever of the following events occur last: imposition of the sentence, completion of any term of imprisonment, or completion of probation imposed for the convictions. Mich. Comp. Laws § 780.621d(3).	Records relating to one or more serious misdemeanor convictions, first violation operating while intoxicated offense, or one felony conviction may be set aside by the convicting court five or more years after whichever of the following events occurs last: imposition of the sentence, completion of probation, discharge from parole, or completion of any term of imprisonment imposed for the conviction. Mich. Comp. Laws § 780.621d(2).	Records relating to a first violation operating while intoxicated conviction may be set aside. MCLS § 780.621c(3)-(4).	Records relating to three felony offenses can be set aside by the convicting court seven or more years after whichever of the following events occurs last: imposition of the sentence for the convictions, completion of any term of felony probation imposed for the convictions, discharge from parole imposed for the convictions, or completion of any term of imprisonment imposed for the convictions. Mich. Comp. Laws § 780.621(1)(c); Mich. Comp. Laws § 780.621d(1).	Records relating to cases for which the defendant was granted youthful trainee status, and which were dismissed upon final release become nonpublic. Mich. Comp. Laws § 762.14(1).	Prostitution-related convictions can be set aside if the offense was committed as a direct result of the petitioner being a victim of human trafficking. Mich. Comp. Laws § 780.621(3).	Records relating to a misdemeanor conviction for which the maximum punishment is imprisonment for not more than 92 days may be set aside if 7 years have passed from the imposition of the sentence. MCLS § 780.621g(1).	Records relating to a misdemeanor conviction for which the maximum punishment is imprisonment for 93 days or more may be set aside if 7 years have passed from the imposition of the sentence. MCLS § 780.621g(4).
Ineligible Category or Citation	Probation before judgement for violations of section 21-902 of the Transportation Article or Title 2, Subtitle 5 or section 3-211 of the Criminal Law Article are ineligible for expungement. Md. Crim. Proc. Code Ann. § 10-105(a)(3).	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	A case that ends with a verdict or plea of not criminally responsible by reason of insanity. 16 M.R.S. § 703(2)(H).	There is no statutory language regarding ineligible offenses.	This provision applies only to violations or attempted violations of section 750.520e (Criminal Sexual Conduct in the Fourth Degree) before January 12, 2015. Mich. Comp. Laws § 780.621.	See subsection 1(b) Mich. Comp. Laws § 780.621 for ineligible offenses.	See Mich. Comp. Laws § 780.621 for ineligible offenses.	See exclusions in MCLS § 780.621c.	See subsection (1)(c) of Mich. Comp. Laws § 780.621 and section 780.621b for ineligible offenses.	See section 762.11 for offenses eligible for youthful trainee status.	This section applies only to convictions for violations of sections 750.448, 750.449, and 750.450(prostitution-related offenses), or a local ordinance substantially corresponding to these sections. Mich. Comp. Laws § 780.621.	See exclusions in MCLS § 780.621g(10).	See exclusions in MCLS § 780.621g(10).
Clearance Process	Petition-based	Petition-based	Petition-based	Automatic	Automatic	Petition-based	Automatic	Automatic	Petition-based	Automatic	Automatic	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Automatic	Petition-based	Automatic	Automatic
Waiting Periods	The petition can be filed upon discharge from probation, completion of treatment, or three years after disposition, whichever is later.	The petition can be filed upon completion of the required treatment.	The petition must be submitted within eight years of the date of the incident.	The record is expunged within 60 days of release.	The record is expunged following an entry of nolle prosequi before the defendant is served.	The petition can be filed three years after the disposition, unless the petitioner files a written general waiver and release of all tort claims arising from the charge. The court can grant a petition for expungement at any time on a showing of good cause. Md. Code Ann., Crim. Proc. § 10-105(c)(8).	The record becomes confidential upon receipt of a pardon.	The record becomes confidential immediately upon dismissal of the charge with prejudice.	The petition must be filed within one year of the date the petitioner becomes aware that their identity has been stolen and falsely used. 15 M.R.S. § 2182(2)(B).	Records become confidential immediately upon disposition.	The records become confidential one year from arrest, summons, or the filing of charges. 16 M.R.S. § 703.	There is no waiting period.	The waiting period is three years or after completion of sentence, imprisonment, or probation, whichever is later. Mich. Comp. Laws § 780.621d(3).	The waiting period is 5 years or more after the completion of the sentence, imprisonment, parole, or probation, whichever occurs later. Mich. Comp. Laws § 780.621d(2).	There is no waiting period.	The waiting period is 7 years or more after the completion of the sentence, imprisonment, parole, or probation, whichever occurs later. Mich. Comp. Laws § 780.621d(1).	The record becomes nonpublic upon dismissal of the charge.	The petition can be filed at any time.	The waiting period is 7 years from the imposition of the sentence. MCLS § 780.621g(1).	The waiting period is 7 years from the imposition of the sentence. MCLS § 780.621g(4).
Fees	There is no statutory language regarding fees.	There is no statutory language regarding fees.	No fees or costs can be required. Md. Code Ann., Crim. Proc. § 10-103(g).	No fees or costs can be required. Md. Code Ann., Crim. Proc. § 10-103.1(f).	No costs can be assessed against the defendant. Md. Code Ann., Crim. Proc. § 10-104(b).	There is no statutory language regarding fees.	There is no cost associated with the record becoming confidential. See 15 M.R.S.§ 2161 for notice requirements related to the petition for pardon.	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 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 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). Thereafter, the records can be obliterated. Md. Code Ann., Crim. Proc. § 10-103.1(d).	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 arrest and court records are confidential and can only be disseminated as specified in 16 M.R.S.§ 705.	Arrest and court records are confidential and can only be disseminated as specified in 16 M.R.S.§ 705.	The court records and related criminal justice records are corrected. 15 M.R.S. § 2183.	Arrest and court records are confidential and may only be disseminated as specified in 16 M.R.S. section 705.	Arrest and court records are confidential and may only be disseminated as specified in 16 M.R.S. section 705.	The person will be considered as never having been convicted, except for registerable sex offenses. Mich. Comp. Laws § 780.622. The court notifies the agencies that hold records of the set-aside. Mich. Comp. Laws § 780.623.	The person will be considered as never having been convicted, except for registerable sex offenses. Mich. Comp. Laws § 780.622. The court notifies the agencies that hold records of the set-aside. Mich. Comp. Laws § 780.623.	The person will be considered as never having been convicted, except for registerable sex offenses. Mich. Comp. Laws § 780.622. The court notifies the agencies that hold records of the set-aside. Mich. Comp. Laws § 780.623.	No statutory language.	The person will be considered as never having been convicted, except for registerable sex offenses. Mich. Comp. Laws § 780.622. The court notifies the agencies that hold records of the set-aside. Mich. Comp. Laws § 780.623.	The disposition is not a conviction and the person will not suffer a civil disability or loss of right or privilege in most instances. All records are closed to public inspection, but can be disclosed as specified in section 762.14(4). Mich. Comp. Laws § 762.14.	The person will be considered as never having been convicted, except for registerable sex offenses. Mich. Comp. Laws § 780.622. The court notifies the agencies that hold the record of the set-aside. Mich. Comp. Laws § 780.623.	Each court shall notify the arresting law enforcement agency of each conviction on or before the tenth day of each month that is set aside for the preceding month. Each law enforcement agency need not retain and shall make nonpublic the notification that the conviction has been set aside, and the record of the arrest, fingerprinting, conviction, and sentence of the person in the case to which the notification applies. MCLS § 780.621g(1).	Each court shall notify the arresting law enforcement agency of each conviction on or before the tenth day of each month that is set aside for the preceding month. Each law enforcement agency need not retain and shall make nonpublic the notification that the conviction has been set aside, and the record of the arrest, fingerprinting, conviction, and sentence of the person in the case to which the notification applies. MCLS § 780.621g(1).
Remedy	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Shield	Shield	Correct	Shield	Shield	Set Aside	Set Aside	Set Aside	Set Aside	Set Aside	Dismiss	Set Aside	Set Aside	Set Aside

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.