PETITION FOR EXPUNGEMENT OF CRIMINAL RECORDS
(Maryland Criminal Procedure Article, Title 10)
[// GUIDANCE: This template is designed for use by Maryland–licensed attorneys. It incorporates state-specific statutory requirements, provides strategic drafting notes, and includes bracketed fields for customization. Remove all guidance comments prior to filing.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default, Remedies & Enforcement
- Dispute Resolution & Governing Law
- General Provisions
- Verification & Affidavit
- Certificate of Service
- Proposed Order
- Execution Block
1. DOCUMENT HEADER
IN THE [ ☐ DISTRICT / ☐ CIRCUIT] COURT FOR [COUNTY], MARYLAND
Case No.: ________
Petitioner: [PETITIONER FULL LEGAL NAME]
v.
Respondent: STATE OF MARYLAND
PETITION FOR EXPUNGEMENT OF CRIMINAL RECORDS
Effective Date: [DATE OF FILING]
Recitals
A. Petitioner was charged in the above-captioned matter as detailed herein.
B. Dispositions satisfy Maryland statutory eligibility criteria for expungement.
C. All requisite waiting periods have elapsed or have been expressly waived pursuant to law.
D. Petitioner seeks an order sealing and expunging all police, court, and related records.
2. DEFINITIONS
For purposes of this Petition, the following capitalized terms have the meanings set forth below.
“Charge” means each count, citation, or other accusatory instrument arising from the Incident.
“Eligible Charge” means a Charge that is statutorily eligible for expungement in Maryland.
“Expungement” means destruction or permanent removal from public inspection of all records pertaining to the Incident, as defined by Maryland law.
“Incident” means the arrest or citation occurring on [ARREST/CITATION DATE] that led to the Charges referenced herein.
“Waiting Period” means the statutorily mandated time between final disposition and eligibility for Expungement.
[// GUIDANCE: Add or delete definitions as required. Cross-reference capitalized terms consistently.]
3. OPERATIVE PROVISIONS
3.1 Request for Relief. Petitioner respectfully petitions this Court to order complete Expungement of all police, court, detention, and prosecutorial records relating to the Incident, including electronic, biological, and paper records, and to direct that any digital references be permanently removed from publicly accessible databases.
3.2 Statutory Eligibility. Petitioner states, under oath, that:
(a) The Charges disposed of as follows:
• Charge No. [001] – Offense: [OFFENSE NAME]; Disposition: [ACQUITTAL/DISMISSAL/NOL PROS/PBJ/CONVICTION FOLLOWED BY PARDON/OTHER] on [DISPOSITION DATE].
• [REPEAT AS NECESSARY]
(b) Each Eligible Charge satisfies one or more statutory bases for Expungement.
(c) All applicable Waiting Periods have elapsed OR Petitioner attaches a signed waiver of objections from the State’s Attorney.
(d) Petitioner has no pending criminal proceedings in any jurisdiction.
3.3 Conditions Precedent. Petitioner has paid or is concurrently submitting the filing fee OR a fee-waiver request. All statutory notices to law-enforcement and prosecutorial agencies have been or will be served contemporaneously with this filing.
4. REPRESENTATIONS & WARRANTIES
4.1 Accuracy of Information. Petitioner represents that all factual statements in this Petition are true, complete, and accurate to the best of Petitioner’s knowledge, information, and belief.
4.2 No Subsequent Disqualifying Convictions. Petitioner warrants that since the disposition of the Charges, Petitioner has not been convicted of any crime or violation that would disqualify Petitioner from Expungement.
4.3 Survival. The representations and warranties herein shall survive the granting of the Expungement Order and remain enforceable for purposes of any subsequent challenge or motion to vacate.
5. COVENANTS & RESTRICTIONS
5.1 Continued Eligibility. Petitioner covenants not to commit any criminal offense that would render the granted Expungement voidable during the pendency of these proceedings.
5.2 Notification Obligation. Petitioner shall promptly notify the Court and the State’s Attorney of any change of address or contact information until final disposition of this Petition.
6. DEFAULT, REMEDIES & ENFORCEMENT
6.1 Events of Default. Any material misrepresentation or concealment of fact by Petitioner constitutes an Event of Default.
6.2 Remedies. Upon an Event of Default, the Court may:
(a) Deny or vacate any Expungement Order;
(b) Assess costs against Petitioner;
(c) Refer the matter for perjury prosecution; and/or
(d) Grant such other relief as justice may require.
6.3 Attorney’s Fees. The prevailing party in any contested proceeding arising out of this Petition may be awarded reasonable attorney’s fees and costs in the Court’s discretion.
7. DISPUTE RESOLUTION & GOVERNING LAW
7.1 Governing Law. This Petition is governed by the laws of the State of Maryland, specifically the Maryland Criminal Procedure Article, Title 10, and applicable Maryland Rules.
7.2 Forum Selection. The [DISTRICT/CIRCUIT] Court for [COUNTY], Maryland, retains exclusive jurisdiction over all matters arising from or related to this Petition.
7.3 Injunctive Relief. Petitioner expressly seeks injunctive relief in the form of a Court Order directing all relevant agencies to seal and expunge the records identified herein.
[// GUIDANCE: Arbitration, jury waiver, indemnification, and liability-cap provisions are intentionally omitted as inapplicable.]
8. GENERAL PROVISIONS
8.1 Amendment. This Petition may be amended only with leave of court.
8.2 Severability. If any provision herein is deemed unenforceable, the remainder shall remain in full force and effect.
8.3 Integration. This Petition, together with all exhibits and the proposed Order, constitutes the entire submission to the Court.
8.4 Electronic Signatures. Electronic signatures and scanned copies shall be treated as originals for all purposes permitted by Maryland law.
9. VERIFICATION & AFFIDAVIT
I, [PETITIONER NAME], solemnly affirm under the penalties of perjury and upon personal knowledge that the contents of this Petition are true and correct.
Date: _ Signature: ____
Printed Name: _____
10. CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this ___ day of ____, 20__, a copy of the foregoing Petition for Expungement of Criminal Records and all accompanying documents were served via [☐ hand-delivery / ☐ first-class mail / ☐ MDEC e-service] upon the Office of the State’s Attorney for [COUNTY], Maryland, and any law-enforcement agency identified in the attached Service List.
[ATTORNEY NAME], Esq.
Counsel for Petitioner
11. PROPOSED ORDER
[// GUIDANCE: File the Proposed Order as a separate attachment if your local court requires.]
IN THE [DISTRICT/CIRCUIT] COURT FOR [COUNTY], MARYLAND
Case No.: __
ORDER OF EXPUNGEMENT
Upon consideration of the Petition for Expungement of Criminal Records filed by [PETITIONER NAME], any response by the State’s Attorney, and the entire record, it is this ___ day of ____, 20__, by the [District/Circuit] Court for [County], Maryland,
ORDERED, that the Petition is GRANTED; and it is further
ORDERED, that all police, court, detention center, and State-held records pertaining to the Charges listed in the Petition, including any electronic or biological records, be EXPUNGED and sealed from public inspection forthwith in accordance with Maryland law; and it is further
ORDERED, that each agency receiving this Order shall file a certificate of compliance with the Clerk within 60 days, confirming destruction or sealing of said records; and it is further
ORDERED, that any civil inspection request relating to the Incident shall be denied pursuant to law; and it is further
ORDERED, that the Clerk shall mail true copies of this Order to Petitioner, Petitioner’s counsel, the State’s Attorney, and all agencies identified in the Service List.
Judge of the [District/Circuit] Court
[PRINTED NAME]
12. EXECUTION BLOCK
Submitted by:
[ATTORNEY NAME], Esq. (Bar No. __)
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Petitioner
Date: ______
[// GUIDANCE: Insert notary acknowledgment here if local rules or the clerk’s office requires notarization of the Verification.]