Expungement / Record Sealing Petition and Eligibility Memo — Maryland

Expungement / Record Sealing Petition and Eligibility Memo (MARYLAND)

Quick-Reference Summary

PART A — ELIGIBILITY MEMO

MEMORANDUM

TO: [CLIENT]
FROM: [ATTORNEY]
DATE: [__/__/____]
RE: Eligibility for Expungement of Maryland Criminal Records (Crim. Proc. §§ 10-105 to 10-110)
PRIVILEGED & CONFIDENTIAL — ATTORNEY-CLIENT COMMUNICATION / WORK PRODUCT

I. Executive Summary

Maryland provides four distinct routes relevant to this memo: (i) petition-based expungement under Crim. Proc. § 10-105; (ii) enumerated-conviction expungement under § 10-110; (iii) automatic favorable-disposition expungement under § 10-105.1; and (iv) shielding under §§ 10-301–10-306. The § 10-107 unit rule generally blocks an entire unit when one charge is ineligible, but minor traffic violations and cannabis-possession charges are expressly excluded from the unit. Expungement means removal from public inspection by the methods in § 10-101(f), not necessarily destruction. A future change, 2026 Md. Laws ch. 465, adds specified “no finding” and “terminated without finding” routes to § 10-110 on October 1, 2026.

II. Governing Law

1. Crim. Proc. § 10-101 — Definitions of sentence completion, records, expunge/expungement, and related terms.
2. Crim. Proc. § 10-105 — Petition-based expungement routes, including favorable dispositions, PBJ, stet, and specified convictions.
3. Crim. Proc. § 10-107 — Unit Rule.
4. Crim. Proc. § 10-110 — Conviction expungement (enumerated misdemeanor and felony list).
5. Crim. Proc. § 10-110(c) — Waiting periods (5, 7, 10, 15 years; cannabis exception).
6. Crim. Proc. §§ 10-105(d)–(g), 10-110(e)–(i) — Service, objections, hearings, orders, compliance, and appeals.
7. Crim. Proc. §§ 10-301 to 10-306 — Shielding (MD REDEEM Act).
8. Crim. Proc. § 6-233 — Domestically related crime designation (triggers 15-year wait).
9. Md. Rule 4-504 — Petition filing and service-copy requirements.
10. Crim. Proc. § 10-105.1 — Automatic expungement after three years for cases meeting its all-favorable-dispositions test.
11. 2026 Md. Laws ch. 465 — Future-effective October 1, 2026 amendment adding specified no-finding dispositions to § 10-110.

III. Track 1 — Petition-Based Expungement (§ 10-105)

Automatic expungement (§ 10-105.1): Three years after disposition, covered State and local records are automatically expunged only if every charge in the case resulted in acquittal, dismissal, not guilty, or a qualifying nolle prosequi. The statute excludes the specified transportation category and a nolle prosequi requiring drug or alcohol treatment. A person may use the petition route earlier when § 10-105 permits it.

IV. Track 2 — Conviction Expungement (§ 10-110)

A. Enumerated Eligible Offenses

Section 10-110(a)(1) contains a long, citation-specific misdemeanor list spanning multiple Code articles, plus the named common-law offenses of affray, rioting, criminal contempt, battery, and hindering. Do not rely on a category label alone: confirm the exact charge citation against the current statute and the Judiciary's current CC-DC-CR-072G2 List of Expungeable Charges. Important examples include second-degree assault (§ 3-203), listed controlled-substance offenses, listed burglary/theft/trespass offenses, listed driving-license offenses, and listed common-law offenses.

Felonies eligible under current § 10-110(a)(2):

• Felony theft (Crim. Law § 7-104);
• Possession with intent to distribute a controlled dangerous substance (Crim. Law § 5-602);
• First-degree burglary (Crim. Law § 6-202(a));
• Second-degree burglary (Crim. Law § 6-203);
• Third-degree burglary (Crim. Law § 6-204);
• Plus attempts, conspiracies, and solicitations of any of the above.

B. Waiting Periods (§ 10-110(c))

C. Completion of Sentence and Restitution

Section 10-101(c) defines “completion of the sentence” as expiration of the sentence, including probation, parole, or mandatory supervision. Restitution is not part of that definition. It is addressed separately: § 10-105(e)(5) directs the court to consider payment or inability to pay, and § 10-110(f)(2)(iv) requires the same finding when a timely objection produces a hearing.

V. The Unit Rule (§ 10-107)

A “unit” is a group of two or more charges arising from the same incident, transaction, or set of facts. A minor traffic violation or possession of cannabis under Crim. Law § 5-601 is not part of the unit. For the remaining unit, if one charge or conviction is not eligible, the other unit charges are not eligible.

PRACTICE NOTE: Pull the complete docket and identify every charge before applying the unit rule. Separately mark any minor traffic or qualifying cannabis-possession charge excluded by § 10-107(a).

VI. Track 3 — Shielding (§§ 10-301 to 10-306, MD REDEEM Act)

Shielding is a narrower remedy that makes records of the specific convictions listed in § 10-301 inaccessible to the public. A petition may be filed no earlier than three years after satisfaction of all requested sentences, including parole, probation, or mandatory supervision, subject to the new-conviction, pending-case, and unit rules in § 10-303.

Effect: Case Search may not refer to a shielded record. Section 10-302(b) preserves access for criminal justice units and specified employers, licensing agencies, and other authorized persons; § 10-306 limits disclosure and adverse action outside those exceptions.

Limit: A person may be granted only one shielding petition over the person's lifetime, though that petition may request one or more shieldable convictions entered in one county.

VII. Effect of Expungement

(a) Covered court and police records are removed from public inspection under § 10-101. Custodians subject to an order generally must report compliance in writing within 60 days unless the order is stayed pending appeal.

(b) Section 10-109 prohibits specified employers, educational institutions, and State or local units from requiring disclosure of expunged information. Its express “need not refer” rule covers a charge that did not result in conviction and a conviction pardoned by the Governor; do not extend that sentence to every expunged conviction without separate authority.

(c) Preserve needed copies before expungement. The Maryland Judiciary specifically cautions noncitizens to obtain immigration advice because the case record may be needed later.

VIII. Procedure (§§ 10-105(d)–(g), 10-110(e)–(i); Md. Rule 4-504)

1. Petition: Use current form 072A, 072B, or 072C and file in the court identified by § 10-105(b) or § 10-110(b).
2. Filing fee: Current Judiciary guidance states no charge for the listed favorable/PBJ/stet/NCR dispositions and a $30, nonrefundable fee for form 072B guilty dispositions; a prepaid-cost waiver may be requested.
3. Service copies: Under Rule 4-504(c), file enough copies for service on the State's Attorney and each law-enforcement agency named in the petition.
4. Notice and objection: The court serves the State's Attorney. For a § 10-110 petition, the court also sends notice to listed victims. The applicable objection period is 30 days.
5. Hearing: A timely objection requires a hearing. Without an objection, §§ 10-105(d)(2) and 10-110(e)(3) direct entry of an expungement order for an eligible petition.
6. Compliance: Unless stayed pending appeal, custodians subject to the order advise the court and petitioner in writing within 60 days.

IX. Strategic Recommendation

[ATTORNEY MUST CUSTOMIZE — sample language follows.]

Based on the Maryland Judiciary Case Search and CJIS rap sheet dated [__/__/____]:

1. Step 1: Pull MDEC dockets, Maryland Judiciary Case Search records, and DPSCS CJIS rap sheet for petitioner.
2. Step 2: Identify each charge by unit (per § 10-107).
3. Step 3: Classify each case as § 10-105.1 automatic, § 10-105 petition, § 10-110 petition, shielding, or presently ineligible.
4. Step 4: Apply the unit rule, separately identifying the minor-traffic and cannabis-possession exceptions.
5. Step 5: Confirm sentence completion under § 10-101(c); analyze restitution separately.
6. Step 6: Select current form 072A, 072B, or 072C and confirm the filing fee or waiver route.
7. Step 7: File in the statutorily proper court with enough copies for clerk service under Rule 4-504(c).
8. Step 8: For filings on or after October 1, 2026, re-check Chapter 465's effective text and the revised form before relying on a no-finding disposition.

PART B — PETITION TEMPLATE

Preparation workpaper only: transfer the information to current Judiciary form
CC-DC-CR-072A, 072B, or 072C. Do not file this workpaper in place of the official form.

IN THE [DISTRICT / CIRCUIT] COURT OF MARYLAND FOR [COUNTY / BALTIMORE CITY]

PETITION FOR EXPUNGEMENT OF RECORDS
(Pursuant to Md. Code Ann., Crim. Proc. § [10-105 / 10-110] and Md. Rule 4-504)

Petitioner, [PETITIONER NAME], by and through undersigned counsel, hereby petitions this Honorable Court to expunge the records of the above-captioned matter, and in support states:

I. Petitioner Information

1. Full legal name: [NAME]
2. Date of birth: [__/__/____]
3. Sex / Race: [____] / [____]
4. Social Security Number: [XXX-XX-XXXX]
5. Driver's license / state ID number: [____]
6. Current address: [ADDRESS]
7. Phone number: [____]
8. Aliases / other names used: [LIST OR "NONE"]

II. Case Information

9. Case number: [____]
10. Tracking number: [____]
11. Arresting law-enforcement agency: [____]
12. Date of arrest / citation: [__/__/____]
13. Charges:

III. Statutory Basis for Expungement

[Select applicable basis.]

☐ § 10-105 (Non-Conviction Expungement). Petitioner avers:
The case resulted in a disposition or conviction listed in § 10-105(a): ☐ Acquittal/not guilty ☐ Dismissal ☐ Nolle prosequi ☐ PBJ ☐ Stet ☐ Specified pardon/nuisance/NCR route ☐ Conduct no longer a crime ☐ Cannabis possession ☐ Vacated conviction.
Timing satisfied by: ☐ Applicable statutory period elapsed ☐ General Waiver and Release attached for an early acquittal/dismissal/qualifying nolle ☐ Good cause requested under § 10-105(c)(9) ☐ Other subsection-specific rule: [____].

☐ § 10-110 (Conviction Expungement). Petitioner avers:

(i) The conviction is for an offense specifically enumerated as eligible under § 10-110(a).

(ii) Petitioner completed the sentence as defined in § 10-101(c), including incarceration, probation, parole, and mandatory supervision.

(iii) The applicable waiting period has elapsed:

☐ 5 years (general rule — § 10-110(c)(1));
☐ 7 years (second-degree assault / common law battery — § 10-110(c)(2));
☐ 15 years (domestically related crime under § 6-233 — § 10-110(c)(3));
☐ 7 years (general felony — § 10-110(c)(4));
☐ 3 years (cannabis PWID — § 10-110(c)(5));
☐ 10 years (1st/2nd-degree burglary; felony theft — § 10-110(c)(6)).

(iv) Restitution status: ☐ Paid ☐ Inability to pay documented ☐ No restitution ordered.

☐ Future-effective § 10-110 route. For a filing on or after October 1, 2026, current law and the revised form confirm that the no-finding or terminated-without-finding provisions in 2026 Md. Laws ch. 465 apply.

IV. Unit Rule (§ 10-107) Compliance

14. ☐ Each charge or conviction in the unit is eligible for expungement; OR

15. ☐ Any other charge arising from the incident is excluded from the unit by § 10-107 because it is a minor traffic violation or cannabis-possession charge: [DETAILS].

V. No Pending Charges

16. ☐ Petitioner is not currently a defendant in any pending criminal case.

VI. Petitioner's Affidavit Statements

17. For a PBJ-based petition, petitioner satisfies the applicable subsequent-conviction and pending-case rules in § 10-105(e)(4).

18. Pursuant to § 10-105(e)(5), petitioner has paid any restitution ordered by the court, or, alternatively, demonstrates inability to pay. [If inability claimed, attach supporting documents.]

VII. Filing Fee

19. ☐ The current $30 guilty-disposition filing fee is tendered with form 072B; OR
    ☐ No filing fee is required for the listed 072A/072C dispositions; OR
    ☐ Petitioner moves for waiver of fee due to indigency (financial affidavit attached).

VIII. Supporting Exhibits

20. Attached:

• ☐ Exhibit A — Court docket / case summary
• ☐ Exhibit B — Proof of sentence completion (probation discharge order; certificate of release)
• ☐ Exhibit C — Proof of restitution payment (or financial affidavit re: inability to pay)
• ☐ Exhibit D — CJIS rap sheet (DPSCS)
• ☐ Exhibit E — Petitioner's affidavit
• ☐ Exhibit F — General Waiver and Release (if filing before 3-year wait under § 10-105)
• ☐ Exhibit G — Proposed Order of Expungement

IX. Prayer for Relief

WHEREFORE, Petitioner respectfully requests that this Honorable Court:

(a) Grant this Petition for Expungement;
(b) Order expungement from public inspection of the police records, court records, and other covered State or local records identified by the official petition and custodian list;
(c) Direct each custodian subject to the order to provide the written compliance notice required by § 10-105(f) or § 10-110(h), as applicable;
(d) Grant such further relief as is just and proper.

CERTIFICATION

I, [PETITIONER NAME], certify under the penalties of perjury that the foregoing statements are true and correct to the best of my knowledge, information, and belief.

Signed: _________________________________
[PRINTED NAME], Petitioner
Date: [__/__/____]

Respectfully submitted,

_________________________________
[ATTORNEY NAME], CPF No. [____]
[FIRM NAME]
[ADDRESS]
[PHONE / EMAIL]
Attorney for Petitioner

FILING-COPY CERTIFICATION

I HEREBY CERTIFY that I filed enough copies of the official petition and attachments for clerk service on the State's Attorney and every law-enforcement agency named in the petition under Md. Rule 4-504(c).

_________________________________
[ATTORNEY NAME]

PART C — FILING CHECKLIST

C.1 — Pre-Filing Diligence

☐ Pull Maryland Judiciary Case Search (https://casesearch.courts.state.md.us/)
☐ Pull DPSCS CJIS rap sheet
☐ Pull MDEC dockets in MDEC counties
☐ Identify EVERY charge in EVERY unit
☐ Classify each charge: § 10-105 / § 10-110 / shielding / ineligible / automatically expunged
☐ Apply Unit Rule (§ 10-107), separately identifying minor-traffic and cannabis-possession exceptions
☐ Verify the route-specific § 10-105 timing rule or the applicable § 10-110 five-/seven-/ten-/fifteen-year period
☐ Confirm sentence completion under § 10-101(c) (sentence expiration, probation, parole, mandatory supervision)
☐ Analyze restitution separately: paid, no order, or inability to pay documented
☐ Confirm no pending criminal cases

C.2 — Form Selection

☐ CC-DC-CR-072A — acquittal/not guilty, dismissal, PBJ, nolle prosequi, stet, specified NCR, compromise, or juvenile-transfer disposition
☐ CC-DC-CR-072B — guilty disposition
☐ CC-DC-CR-072C — acquittal/not guilty, dismissal, or qualifying nolle less than three years after disposition, with embedded General Waiver and Release
☐ For filing on/after October 1, 2026, use the revised form if Chapter 465's no-finding route applies

C.3 — Document Assembly

☐ Completed petition form
☐ Filing fee ($30 for current form 072B guilty disposition; no fee for the listed 072A/072C routes; waiver request if applicable)
☐ Proof of sentence completion (probation discharge order)
☐ Proof of restitution paid
☐ CJIS rap sheet
☐ Maryland Judiciary Case Search printouts
☐ General Waiver and Release when using the early acquittal/dismissal/qualifying-nolle route
☐ Proposed Order

C.4 — Filing

☐ File in the court where the proceeding began (or court to which case was transferred)
☐ Pay the current $30 form 072B fee (or seek a prepaid-cost waiver)
☐ File enough copies for clerk service on the State's Attorney and each law-enforcement agency named in the petition

C.5 — Post-Filing

☐ Calendar the 30-day objection window; for § 10-110, monitor objections from the State's Attorney or a listed victim
☐ If no objection and the petition is eligible, the statute directs entry of the expungement order
☐ If a timely objection is filed, prepare for the required hearing
☐ Bring CJIS rap sheet, sentence-completion documents to any hearing
☐ Upon grant: confirm court clerk expunges; confirm DPSCS CJIS-CR expunges; confirm arresting agency expunges
☐ Confirm public access is removed after custodian compliance; obtain written compliance notices
☐ Provide certified copy of order to client

C.6 — Post-Expungement Counseling

☐ Apply § 10-109 precisely: its express “need not refer” rule covers non-conviction charges and Governor-pardoned convictions, not every expunged conviction
☐ Preserve records before filing and obtain immigration advice when relevant, as the Judiciary recommends
☐ Consider separate correction requests to private background-check providers if stale data persists
☐ For shielded (not expunged) records: explain that record is shielded from public but still visible to certain employers

C.7 — Automatic Expungement Awareness

☐ Confirm every charge in the case has a § 10-105.1 favorable disposition and no excluded transportation or treatment-conditioned nolle applies
☐ Automatic expungement occurs three years after disposition; a petition may be available earlier under § 10-105
☐ Confirm with court if automatic expungement processed as expected

SOURCES AND REFERENCES

• Md. Code Ann., Crim. Proc. § 10-101 (definitions): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp&section=10-101
• Md. Code Ann., Crim. Proc. § 10-105: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp&section=10-105
• Md. Code Ann., Crim. Proc. § 10-105.1 (automatic expungement): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp&section=10-105.1
• Md. Code Ann., Crim. Proc. § 10-107 (Unit Rule): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp&section=10-107
• Md. Code Ann., Crim. Proc. §§ 10-108–10-109 (access and disclosure): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp&section=10-109
• Md. Code Ann., Crim. Proc. § 10-110: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp&section=10-110
• Md. Code Ann., Crim. Proc. §§ 10-301 to 10-306 (Shielding / MD REDEEM Act): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp&section=10-301
• Maryland Judiciary, adult expungement guidance and current forms: https://www.mdcourts.gov/legalhelp/expungement
• Maryland Judiciary, current expungement brochure (CC-DC-CR-072BR): https://www.mdcourts.gov/sites/default/files/court-forms/ccdccr072br.pdf
• Maryland Judiciary, Rule 4-504 service-copy guidance: https://www.mdcourts.gov/clerks/queenannes/expungement
• 2026 Md. Laws ch. 465 (effective October 1, 2026): https://mgaleg.maryland.gov/2026RS/chapters_noln/Ch_465_sb0320T.pdf
• Maryland Judiciary Case Search: https://casesearch.courts.state.md.us/
• DPSCS Criminal Justice Information System background-check guidance: https://dpscs.maryland.gov/publicservs/bgchecks.shtml