Expungement of Criminal Record – Guilty Disposition

Expungement is the process by which you can “erase” certain legal matters from your criminal record. Expungement of a criminal record can serve many purposes. It is very common for an individual to expunge their criminal record because it is impeding them from obtaining employment.

The general rule of thumb for expungement is that you cannot expunge a criminal charge for which you have pled guilty or have been found guilty. However, as of October 1, 2017, the Maryland Legislature has enacted exceptions to this general rule of thumb which we will cover below.

Expunging Guilty Dispositions

Under Maryland law, individuals can now expunge certain criminal offenses for which they have received a guilty disposition. A guilty disposition means you have either pled guilty to the charge or a judge has found you guilty of the charge. Below are some of the guilty dispositions that can now be expunged. For a complete list click here.

You can expunge any of the crimes listed below if you were found guilty and at least three (3) years have passed since the guilty disposition or the completion of probation, which ever occurs later:

  • Urination or defecation in a public place.

  • Drinking an alcoholic beverage in a public place.

  • Loitering.

  • Riding a transit vehicle without paying the applicable fair or failure to demonstrate proof of payment.

You can expunge any of the crimes listed below if you were found guilty and at least ten (10) years have passed since the guilty disposition or the completion of probation, which ever occurs later:

  • Disorderly intoxication.

  • Possessing a controlled dangerous substance (CDS).

  • Possession or use of drug paraphernalia.

  • Unauthorized manufacturing, distributing, or dispensing of a controlled dangerous substance (CDS).

  • Breaking and entering of a motor vehicle.

  • Theft – general.

  • Disturbing the peace.

  • Disorderly conduct.

You can expunge any of the crimes listed below if you were found guilty and at least fifteen (15) years have passed since the guilty disposition or the completion of probation, which ever occurs later:

  • Assault in the second degree.

  • Violation of an interim (temporary) peace order.

  • Failure to comply with a protective order.