How long you wait to clear a record in Maryland
How long you wait in Maryland for each kind of case, and what the waiting period is counted from.
Checked against official sources: October 25, 2026.
Short answer
Maryland law sets a waiting period for each kind of case. The wait starts from a set event.
- Main remedy
- Expungement of non-conviction and other favorable dispositions (§ 10-105)
- Waiting periods
- Acquittal, dismissal or nolle prosequi: 3 years, counted from disposition
Probation before judgment (PBJ): 3 years, counted from the later of discharge from probation or 3 years after PBJ was granted
PBJ for DUI/DWI (Transportation § 21-902(a) or (b)): 15 years, counted from discharge from probation
Maryland waiting period helper
Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.
Waiting periods: Expungement of non-conviction and other favorable dispositions (§ 10-105)
Acquittal, dismissal, nolle prosequi, stet, probation before judgment (PBJ), compromise, transfer to juvenile court, not criminally responsible for certain nuisance offenses; also a pardoned single non-violent conviction, convictions for listed public-nuisance offenses, conduct that is no longer a crime, cannabis possession, and convictions vacated for human-trafficking victims.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Acquittal, dismissal or nolle prosequi | 3 years You may file 3 years after the disposition, or right away if you also file a General Waiver and Release of any legal claims against the police over the arrest. | Disposition |
Probation before judgment (PBJ) | 3 years You may file after you are discharged from probation or 3 years after the PBJ, whichever is later. A new conviction within 3 years after the PBJ blocks expungement. | The later of discharge from probation or 3 years after PBJ was granted |
PBJ for DUI/DWI (Transportation § 21-902(a) or (b)) | 15 years You must wait 15 years after you are discharged from probation. | Discharge from probation |
Stet or compromise | 3 years You may file 3 years after the case was marked stet or compromised. | The stet or compromise |
Listed public-nuisance conviction (e.g. loitering, panhandling, public drinking, fare evasion) | 3 years You may file 3 years after you complete the sentence. | Completion of the sentence |
Cannabis possession conviction (§ 5-601) | No waiting period You may file as soon as you complete the sentence. | Completion of the sentence |
Governor's full pardon of one non-violent conviction | See the rule You must file no later than 10 years after the Governor signed the pardon. | The pardon |
- Not eligible
- PBJ for certain DUI-related offenses under § 21-902(c), (d), (h) or (i), or for offenses under Criminal Law Title 2, Subtitle 5 or § 3-211; anyone with a pending criminal case; the 'unit rule' — if one charge from the same incident cannot be expunged, none of them can (minor traffic and cannabis possession charges do not count).
Law: Md. Code, Criminal Procedure §§ 10-105, 10-107
Source: Official text
Waiting periods: Expungement of convictions (§ 10-110)
Convictions for a long list of misdemeanors named in the statute (for example theft, second-degree assault, disorderly conduct, many drug possession offenses, trespass, bad checks, driving without a license), plus these felonies: felony theft, possession with intent to distribute a controlled dangerous substance, and first-, second- and third-degree burglary; also attempts, conspiracies and solicitations of these. From October 1, 2026, you may also petition under § 10-110 for a listed offense in a case the court closed with a 'no finding' designation or marked 'terminated without finding'.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Listed misdemeanor | 5 years You may file 5 years after you complete your sentence, including probation or parole. | Completion of the sentence (including probation, parole or mandatory supervision) |
Second-degree assault (§ 3-203) or common-law battery | 7 years You must wait 7 years after you complete your sentence. | Completion of the sentence |
Listed felony (general) | 7 years Most eligible felonies need 7 years after you complete your sentence. | Completion of the sentence |
First- or second-degree burglary, or felony theft | 10 years You must wait 10 years after you complete your sentence. | Completion of the sentence |
Possession with intent to distribute cannabis | 3 years You may file 3 years after you complete your sentence. | Completion of the sentence |
Domestically related crime (§ 6-233 finding) | 15 years You must wait 15 years after you complete your sentence. | Completion of the sentence |
- Not eligible
- Any offense not on the § 10-110 list; a new conviction during the waiting period (unless that one also becomes eligible); a pending criminal case; the 'unit rule' (all convictions from the same incident must be eligible).
Law: Md. Code, Criminal Procedure § 10-110 (as amended by the Expungement Reform Act of 2025, ch. 95)
Source: Official text
Waiting periods: Shielding (Maryland Second Chance Act)
Convictions for: disorderly conduct, disturbing the peace, failure to obey a lawful order, lesser malicious destruction of property, trespass on posted property, drug possession (CDS or non-controlled substance), paraphernalia, driving without a license, driving while suspended or revoked, driving uninsured, and prostitution.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Shieldable conviction | 3 years You may file 3 years after you finish your whole sentence. | Satisfying the sentence, including parole, probation or mandatory supervision |
- Not eligible
- Domestically related crimes; a new conviction during the 3-year wait; a pending criminal case; a unit that includes a non-shieldable conviction.
- Limits
- Only one shielding petition in your lifetime; one court (circuit or District) in one county; include all eligible convictions on that one petition.
Law: Md. Code, Criminal Procedure §§ 10-301 to 10-305
Source: Official text
Automatic relief in Maryland
If every charge in a case ended in acquittal, dismissal, not guilty or nolle prosequi (not nolle prosequi with required treatment), the court expunges the case automatically 3 years after the disposition. Traffic cases are not included. You can ask for earlier expungement with form CC-DC-CR-072C. Convictions are not cleared automatically.
Dispositions on or after October 1, 2021
Law: Md. Code, Criminal Procedure § 10-105.1
In nearby states
- District of Columbia: Arrest or charge, no conviction: No waiting period, counted from end of the case (dismissal, no papering, or other final disposition without conviction)
- Delaware: Case ended in your favor (acquittal, dismissal, nolle prosequi, completed probation before judgment): No waiting period, counted from end of the case
- New Jersey: Indictable offense (crime): 5 years, counted from the most recent conviction, payment of court-ordered fines and fees, completion of probation or parole, or release from incarceration, whichever is later
Steps after the wait in Maryland
Check your dates
The dates on your papers decide when the wait ends.
Look at the exclusions
Exclusions and new offenses can matter more than the wait.
File when you are ready
When the waiting period has passed, you can prepare your request. How to file.
Get help
Free help: Maryland Court Help Center (free legal help by phone and chat) and Maryland Legal Aid.
Free help in Maryland
Questions about waiting periods in Maryland
Can convictions be cleared in Maryland?
Expungement of non-conviction and other favorable dispositions: Acquittal, dismissal, nolle prosequi, stet, probation before judgment (PBJ), compromise, transfer to juvenile court, not criminally responsible for certain nuisance offenses; also a pardoned single non-violent conviction, convictions for listed public-nuisance offenses, conduct that is no longer a crime, cannabis possession, and convictions vacated for human-trafficking victims. Expungement of convictions: Convictions for a long list of misdemeanors named in the statute (for example theft, second-degree assault, disorderly conduct, many drug possession offenses, trespass, bad checks, driving without a license), plus these felonies: felony theft, possession with intent to distribute a controlled dangerous substance, and first-, second- and third-degree burglary; also attempts, conspiracies and solicitations of these. From October 1, 2026, you may also petition under § 10-110 for a listed offense in a case the court closed with a 'no finding' designation or marked 'terminated without finding'. Shielding (Maryland Second Chance Act): Convictions for: disorderly conduct, disturbing the peace, failure to obey a lawful order, lesser malicious destruction of property, trespass on posted property, drug possession (CDS or non-controlled substance), paraphernalia, driving without a license, driving while suspended or revoked, driving uninsured, and prostitution.
When can I ask to clear my record in Maryland?
Acquittal, dismissal or nolle prosequi: 3 years, counted from disposition; Probation before judgment (PBJ): 3 years, counted from the later of discharge from probation or 3 years after PBJ was granted; PBJ for DUI/DWI: 15 years, counted from discharge from probation; Stet or compromise: 3 years, counted from the stet or compromise.
Will Maryland clear my record on its own?
If every charge in a case ended in acquittal, dismissal, not guilty or nolle prosequi (not nolle prosequi with required treatment), the court expunges the case automatically 3 years after the disposition. Traffic cases are not included. You can ask for earlier expungement with form CC-DC-CR-072C. Convictions are not cleared automatically.
Who helps for free in Maryland?
Maryland Court Help Center (free legal help by phone and chat), Maryland Legal Aid and Maryland Volunteer Lawyers Service.