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 three distinct post-disposition remedies: (i) non-conviction expungement under Crim. Proc. § 10-105 (acquittals, dismissals, nolle prosequi, PBJ, nuisance crimes); (ii) conviction expungement under Crim. Proc. § 10-110 for a specifically enumerated list of misdemeanors and a limited set of felonies; and (iii) shielding under Crim. Proc. §§ 10-301 to 10-306 (MD REDEEM Act of 2017, which limits but does not eliminate public access to a narrow class of misdemeanor convictions). The 2022 Second Chance Act amendments significantly expanded the § 10-110 felony list (to include felony theft under § 7-104, felony PWID under § 5-602, and certain burglary offenses) and reduced several waiting periods. Cannabis possession convictions under Crim. Law § 5-601 became immediately expungeable upon sentence completion effective July 1, 2023 (Md. Const. art. I, § 35 / SB 516 implementation). Maryland's Unit Rule in § 10-107 is a critical eligibility filter: if any charge in a unit of charges (typically charges from a single arrest/transaction) is ineligible for expungement, NO charge in the unit may be expunged until the ineligible charge itself becomes eligible.

II. Governing Law

1. Crim. Proc. § 10-101 — Definitions ("charge"; "expunge"; "unit").
2. Crim. Proc. § 10-105 — Non-conviction expungement (acquittals, dismissals, nolle prosequi, PBJ, nuisance crimes, conduct no longer a crime).
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. § 10-111 — Procedure (petition, objection, hearing).
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 — Form of petition.
10. Md. Rule 4-510 — Procedure for expungement petitions.
11. 2022 Second Chance Act amendments — expanded § 10-110 felony list; reduced waits for certain offenses.
12. SB 516 (2022) & HB 1071 — implementing cannabis-possession expungement under Md. Const. art. I, § 35 (Issue 4 ballot measure).

III. Track 1 — Non-Conviction Expungement (§ 10-105)

Automatic expungement (post-Oct. 1, 2021): All charges with dispositions of nolle prosequi, dismissal, acquittal, or not guilty entered on or after October 1, 2021 are automatically expunged by the court three years after the disposition date. Petitioner may petition earlier than the automatic three-year mark. Cases with all charges disposed by these favorable outcomes have been removed from Maryland Case Search.

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

A. Enumerated Eligible Offenses

Section 10-110(a) provides expungement eligibility ONLY for a specifically enumerated list of misdemeanors (including but not limited to):

• Disorderly conduct, disturbing the peace (Crim. Law § 10-201);
• Trespass (§ 6-402, § 6-403);
• Theft / shoplifting (§ 7-104, § 7-203);
• Possession of a controlled dangerous substance (§ 5-601 — see special cannabis rule below);
• Drug paraphernalia (§ 5-619);
• Possession with intent to distribute paraphernalia (§ 5-620);
• Driving without a license; driving on a suspended license (Trans. § 16-101, § 16-303);
• Second-degree assault (Crim. Law § 3-203) — 7-year wait;
• Common law battery — 7-year wait;
• Common law affray, rioting, criminal contempt, hindering;
• Fourth-degree burglary (Crim. Law § 6-205);
• Prostitution (§ 11-303);
• Various other enumerated misdemeanors.

Felonies eligible under § 10-110(a)(2) (added/expanded by 2022 Second Chance Act):

• 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

"Completion of sentence" means full discharge from:

• Any term of incarceration;
• Probation, parole, mandatory supervision;
• Payment of restitution (or court finding of inability to pay).

The court considers under § 10-105(e)(5) the petitioner's success at probation/parole and whether restitution was paid (or inability shown).

V. The Unit Rule (§ 10-107)

A "unit" is a group of charges arising from the same incident, transaction, or set of facts. If any single charge in a unit is ineligible for expungement, the entire unit is blocked from expungement until the ineligible charge becomes eligible (typically by satisfying its own waiting period or by being for conduct no longer a crime).

PRACTICE NOTE: Pull MDEC docket sheets and identify every charge in each unit. A common pitfall: a petitioner with three eligible charges and one ineligible charge (e.g., a domestically related charge with 15-year wait) cannot expunge any of the unit until the 15-year wait runs on the domestically related charge.

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

Shielding is a narrower remedy that limits but does not eliminate public access to a record. It is available for a limited list of misdemeanors (e.g., disorderly conduct, disturbing the peace, indecent exposure, trespass on posted property, public intoxication, simple possession of CDS for personal use, prostitution) after a 3-year wait from sentence completion.

Effect: Shielded records are not visible on Case Search and most employers cannot consider them — but certain employers (healthcare facilities for vulnerable populations; law enforcement; child-care providers) retain access.

Limit: A person may shield records relating to one conviction; an additional shielding is permitted only if at least three years have passed since the first shielding.

VII. Effect of Expungement

(a) Records are removed from public access in the courts, the Maryland Judiciary Case Search, the Department of Public Safety and Correctional Services (DPSCS) repository, and other state databases.

(b) The petitioner may state under oath that he or she "has not been arrested, charged, or convicted" of the expunged offense, except in limited contexts (certain law-enforcement, healthcare, and licensing applications expressly requiring disclosure).

(c) Federal authorities, the FBI, and immigration officials may retain or access records previously shared.

VIII. Procedure (§ 10-111; Md. Rule 4-510)

1. Petition: Filed on form CC-DC-CR-072A in the court where the proceeding began.
2. Filing fee: $30 for conviction expungement under § 10-110; no fee for non-conviction expungement under § 10-105 (unless the case ended in a guilty disposition).
3. Service: State's Attorney for the county receives a copy.
4. Objection deadline: State has 30 days to file an objection.
5. Hearing: Required if State objects; otherwise court may grant on the papers.
6. Order: Upon grant, court orders expungement by: court clerk; DPSCS CJIS Central Repository; arresting agency; State's Attorney; any other entity in possession of records.

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 charge as: automatically expunged (post-10/1/2021 favorable disposition); § 10-105 eligible; § 10-110 eligible; shielding eligible; ineligible.
4. Step 4: For each unit, identify any ineligible charge that blocks the unit and calculate when the unit becomes fully eligible.
5. Step 5: Confirm sentence completion (probation discharge, restitution paid).
6. Step 6: Cannabis possession convictions: file immediately upon sentence completion (no wait).
7. Step 7: File petition(s) in the court(s) of original jurisdiction with State's Attorney service.

PART B — PETITION TEMPLATE

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 of: ☐ Acquittal ☐ Not guilty ☐ Dismissal ☐ Nolle prosequi ☐ PBJ ☐ Stet ☐ Nuisance crime ☐ Conduct no longer a crime
Wait period satisfied: ☐ Yes (3 years elapsed since disposition / PBJ discharge); ☐ General Waiver and Release attached to permit earlier filing.

☐ § 10-110 (Conviction Expungement). Petitioner avers:
(i) The conviction is for an offense specifically enumerated as eligible under § 10-110(a);
(ii) Petitioner has completed all aspects of the sentence (incarceration, probation, parole, restitution);
(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));
☐ No wait (cannabis possession § 5-601, after completion of sentence);
☐ 10 years (1st/2nd-degree burglary; felony theft);
☐ Within 10 years of Governor's pardon;
☐ No wait (conduct no longer a crime).
(iv) Petitioner has paid all restitution OR the court has found inability to pay.

IV. Unit Rule (§ 10-107) Compliance

14. ☐ Each charge in the unit of which the above charge(s) is/are a part is eligible for expungement; OR

15. ☐ The above charge(s) constitute the entire unit; no other charges in the unit remain.

V. No Pending Charges

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

VI. Petitioner's Affidavit Statements

17. Pursuant to § 10-105(c)(7), petitioner avers (for non-conviction expungement) that he/she has not been convicted of any other crime, other than minor traffic violations, since the date of disposition.

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 $30 filing fee under § 10-110 is tendered with this petition; OR
    ☐ No filing fee is required (§ 10-105 — non-conviction expungement); 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 the expungement of all police and court records pertaining to the above-captioned case from:
(1) The Court Clerk's office;
(2) The Maryland Department of Public Safety and Correctional Services (DPSCS) Criminal Justice Information System Central Repository (CJIS-CR);
(3) The Maryland State Police Records Division;
(4) The arresting law-enforcement agency;
(5) The Office of the State's Attorney for [COUNTY];
(6) Any other agency or department in possession of records relating to the above-captioned case;
(c) Order the removal of the case from the Maryland Judiciary Case Search;
(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

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this ____ day of __________, 20____, a copy of the foregoing Petition was served on the Office of the State's Attorney for [COUNTY] at [ADDRESS] via [METHOD].

_________________________________
[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) — confirm no ineligible charge blocks the unit
☐ Verify each waiting period (5/7/10/15 years; cannabis exceptions)
☐ Confirm sentence completion (incarceration, probation, parole, restitution)
☐ Verify restitution paid OR document inability to pay
☐ Confirm no pending criminal cases

C.2 — Form Selection

☐ Petition for Expungement of Records – Acquittal/Dismissal/Nolle Prosequi/Not Guilty (CC-DC-CR-072A)
☐ Petition for Expungement of Records – PBJ (CC-DC-CR-072B)
☐ Petition for Expungement of Records – Stet (CC-DC-CR-072C)
☐ Petition for Expungement of Records – Conviction (CC-DC-CR-072D)
☐ Petition for Expungement of Records – Cannabis Possession (separate form)
☐ General Waiver and Release (CC-DC-CR-078 — for early non-conviction expungement)

C.3 — Document Assembly

☐ Completed petition form
☐ Filing fee ($30 for § 10-110; no fee for § 10-105 non-conviction; indigency waiver 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 (if filing early under § 10-105)
☐ Proposed Order
☐ Certificate of Service

C.4 — Filing

☐ File in the court where the proceeding began (or court to which case was transferred)
☐ Pay $30 fee for conviction expungement under § 10-110 (or seek indigency waiver)
☐ Serve State's Attorney for the county
☐ File certificate of service

C.5 — Post-Filing

☐ Calendar State's 30-day objection window
☐ If no objection: court typically grants on papers
☐ If objection: prepare for hearing on objection
☐ 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 case removed from Maryland Judiciary Case Search (allow 30–60 days)
☐ Provide certified copy of order to client

C.6 — Post-Expungement Counseling

☐ Client may answer "no" to questions about arrest/conviction in most contexts
☐ Exceptions: certain healthcare-licensing, law-enforcement, child-care, vulnerable-population employment may still require disclosure
☐ Submit certified order to private background-check vendors and CRA's
☐ Federal authorities, FBI, and immigration retain records previously shared
☐ For shielded (not expunged) records: explain that record is shielded from public but still visible to certain employers

C.7 — Automatic Expungement Awareness

☐ For favorable dispositions (acquittal, dismissal, nolle prosequi, not guilty) on/after Oct. 1, 2021: case is automatically expunged 3 years after disposition
☐ Client may petition earlier than the 3-year automatic mark
☐ Confirm with court if automatic expungement processed as expected

SOURCES AND REFERENCES

• Md. Code Ann., Crim. Proc. § 10-105: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp&section=10-105
• Md. Code Ann., Crim. Proc. § 10-107 (Unit Rule): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp&section=10-107
• 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
• Md. Rule 4-504 (form of petition): https://mdcourts.gov/sites/default/files/import/legalhelp/pdfs/expungementbrochure.pdf
• Maryland People's Law Library, "Which records can be expunged?": https://www.peoples-law.org/which-records-can-be-expunged
• Maryland Courts, Expungement Tip Sheet (When to File): https://www.courts.state.md.us/sites/default/files/import/video/docs/tipsheetwhentofile.pdf
• Maryland Court Help Center: https://mdcourts.gov/legalhelp
• Maryland Judiciary Case Search: https://casesearch.courts.state.md.us/
• DPSCS Criminal Justice Information System: https://www.dpscs.state.md.us/publicservs/cjis.shtml
• Maryland Volunteer Lawyers Service, Criminal Record Resources: https://mvlslaw.org/volunteer/criminal-record-resources/
• Paper Prisons, "Maryland Second Chance Expungement Gap": https://paperprisons.org/states/pdfs/reports/The%20Maryland%20Second%20Chance%20Expungement%20Gap.pdf
• SB 516 (2022) — cannabis expungement implementation: https://mgaleg.maryland.gov/2022RS/bills/sb/sb0516E.pdf