Adult Conviction Expungement and Record-Sealing Eligibility in Maryland
At a glance
| Relief name and legal effect | Expungement removes information from public inspection by obliteration, secure separation, or removal of the record that provides access; it does not promise destruction in every case (§ 10-101(e)–(f)). |
|---|---|
| Automatic or clean-slate relief | No general automatic relief for adult convictions in this survey. Section 10-110 requires a petition; cannabis-only repository expungement under § 10-112 is outside scope (§§ 10-110(a)–(b), 10-112). |
| Convictions eligible by petition | A closed statutory list of misdemeanors, limited theft, controlled-substance possession-with-intent, and specified burglary felonies, plus attempt, conspiracy, or solicitation of a listed offense (§ 10-110(a)). |
| Excluded offenses and statuses | Convictions outside § 10-110(a)'s list are excluded. The same-unit bar has a targeted exception since Oct. 1, 2026, for a listed offense with a remaining charge designated no finding or a case terminated without finding (§§ 10-107, 10-110(a)(4), (d)(3), (j); 2026 ch. 465). A pending case or disqualifying new crime also bars relief. |
| Waiting period and when it starts | From completion of sentence: 5 years generally; 7 years for second-degree assault, common-law battery, or most eligible felonies; 15 years for a domestically related crime; 3 years for cannabis possession with intent; 10 years for specified burglary or felony theft (§§ 10-101(c), 10-110(c)). |
| Sentence, restitution, and new-record conditions | Completion includes expiration of probation, parole, and mandatory supervision. At a contested hearing, restitution must be paid or the person must lack ability to pay; no pending criminal case, and no disqualifying new crime during the waiting period (§§ 10-101(c), 10-110(d), (f)). |
| Petition process and decision standard | File in the originating, transferee, or appellate court as applicable. State's Attorney and victims receive notice and have 30 days to object; no objection requires an order. After objection, the court must grant if eligibility, public safety, restitution, and interests-of-justice findings are made (§ 10-110(b), (e)–(i)). |
| Who can still see or use the record | The record leaves public inspection. Opening, review, or disclosure requires a court order after notice and good cause, or an ex parte order for an urgent pending investigation; employers, schools, and state or local licensing/service authorities may not require expunged-charge information (§§ 10-101(f), 10-108, 10-109). |
| Boundaries and alternative relief | This page covers conviction expungement under § 10-110. Juvenile, nonconviction, pardon, cannabis-only mass relief, innocence, federal, tribal, military, out-of-state, and the narrower shielding remedy are outside this survey. |
Requirements one by one
Relief name and legal effect
Maryland calls the remedy expungement, but the statutory definition is removal from public inspection. That may occur by obliteration, by moving the record to a secure area, or by removing the other record that provides access. It therefore does not mean every underlying record is necessarily destroyed.
Automatic or clean-slate relief
Section 10-110 requires the person to petition the proper court. Maryland did complete a separate, cannabis-only Central Repository process under § 10-112, but that special mass-relief program is outside this survey's general adult- conviction scope.
Convictions eligible by petition
Eligibility follows the section's exact list, not a rule that all misdemeanors or all nonviolent convictions qualify. Section 10-110(a) names a long set of misdemeanors, limited felonies involving theft, controlled- substance possession with intent, and specified burglary provisions, plus an attempt, conspiracy, or solicitation of a listed offense.
Excluded offenses and statuses
An unlisted conviction is outside the general conviction-expungement route. Maryland treats charges from the same incident, transaction, or facts as a unit. The general rule in § 10-107 can block relief for other charges in that unit. Since October 1, 2026, ch. 465 makes § 10-110(d)(3) subject to a narrower path in § 10-110(a)(4) for a listed offense when a remaining charge received a court's no-finding designation or was in a case the court designated terminated without finding. New § 10-110(j) also addresses expungement of a disposition in such a case.
A pending criminal proceeding makes the person ineligible. A new crime during the applicable waiting period also blocks the earlier conviction unless the new conviction becomes eligible for expungement.
Waiting period and when it starts
All clocks start at completion of the sentence, which § 10-101 defines to include expiration of probation, parole, and mandatory supervision:
- 5 years for the general eligible category;
- 7 years for second-degree assault, common-law battery, and most eligible felonies;
- 15 years for an offense classified as a domestically related crime;
- 3 years for possession with intent to distribute cannabis; and
- 10 years for the specified burglary provisions and felony theft.
Sentence, restitution, and new-record conditions
At a contested hearing, the court must find that court-ordered monetary restitution was paid or that the person lacks ability to pay it. The statute does not turn inability to pay restitution into an automatic denial. The separate pending-case and new-crime rules still apply.
Petition process and decision standard
The petition goes to the court where the proceeding began, with transfer and appeal exceptions in § 10-110(b). The court serves the State's Attorney and sends each listed victim notice. Either may object within 30 days.
Without an objection, the court must enter the expungement order. With a timely objection, the court holds a hearing and must grant relief if it makes the required eligibility, public-safety, restitution, and interests-of-justice findings. Unless stayed on appeal, each records custodian must report compliance within 60 days after the order.
Who can still see or use the record
Section 10-108 generally prohibits opening, reviewing, or disclosing an expunged record without a court order. A court may authorize access after notice, a hearing, and good cause. It may also issue a limited ex parte order when a State's Attorney verifies that an urgent pending criminal investigation needs the record; that order may not allow a copy.
Section 10-109 bars employers and educational institutions, as well as state or local licensing and service authorities, from requiring expunged-charge information in an application or interview. The state statute does not promise removal from every federal or private database.
What trips people up
The offense list controls. A familiar offense label is not enough; the exact statutory citation must appear in § 10-110(a).
The unit rule can block an otherwise listed offense. The October 1, 2026 exception is limited to the no-finding and terminated-without-finding designations specified in § 10-110(a)(4) and (j); it is not a general waiver for every ineligible charge or conviction in the unit.
Common questions
Does inability to pay restitution automatically defeat the petition? No. At a contested hearing, § 10-110(f) permits the required finding when restitution was paid or the person lacks ability to pay.
Is a hearing always required? No. A hearing follows a timely objection by the State's Attorney or a victim. Without an objection, the statute directs the court to enter an order.
Does expungement guarantee that every copy disappears? No. Maryland defines the remedy as removal from public inspection and permits narrowly ordered access under § 10-108.
Statutes and sources
- Md. Code, Crim. Proc. § 10-101 — sentence-completion and expungement definitions. https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp§ion=10-101 (accessed 2026-10-02)
- Md. Code, Crim. Proc. § 10-107 — unit-of-charges rule. https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp§ion=10-107 (accessed 2026-10-02)
- Md. Code, Crim. Proc. § 10-108 — court-ordered and emergency access. https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp§ion=10-108 (accessed 2026-10-02)
- Md. Code, Crim. Proc. § 10-109 — disclosure and application protections. https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp§ion=10-109 (accessed 2026-10-02)
- Md. Code, Crim. Proc. § 10-110 — conviction list, clocks, conditions, notice, hearing, decision standard, and compliance. https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp§ion=10-110 (accessed 2026-10-02)
- Md. Code, Crim. Proc. § 10-112 — completed cannabis-only repository process. https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp§ion=10-112 (accessed 2026-10-02)
- 2026 Md. Laws ch. 465 (SB 320) — effective October 1, 2026; adds the no-finding provisions to § 10-110. https://mgaleg.maryland.gov/2026RS/chapters_noln/Ch_465_sb0320T.pdf (accessed 2026-10-02)
Source links
Every statute quoted above, linked, with the date we checked it.
What does Maryland law mean for your facts?
You just read the general rule. Ask your own question and see which parts of current Maryland law apply to your situation, with citations you can check.
Opens in Ezel Pro.
- Starts from the statutes this survey is built on
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace