Sealing and Expunging Criminal Records in Maryland

Anyone who has been convicted of a crime in the State of Maryland has a criminal record. Having a criminal record often makes it harder to gain employment, housing, immigration, education, insurance, and societal bias. As a result, parties who were convicted or acquitted of a crime, or for whom charges were dismissed by a Maryland court, may petition the court to seal or expunge their criminal records. Maryland criminal laws grant relief for certain types of offenses and in specific conditions. Maryland’s expungement law is codified under §§ 10–101 to 10–110 of the Criminal Procedure Article.

The Difference Between Sealing and Expunging Criminal Records

Sealing and expungement have different effects on a criminal record in Maryland. When a criminal record is sealed by the court, the public is restricted from accessing certain information in the record. On the other hand, an expungement removes a conviction from a court and police record. While it is still possible for a party with a court order to gain access to a sealed record, that is not the case for expunged records. In addition, ex-offenders and individuals have the option of shielding their records in Maryland. This can be likened to sealing a record as it has a similar effect.

Records that are considered public may be accessible from some third-party websites. Operating independently of any federal, state or local agency, such websites may simplify the search process as they are not limited by geographic location. In addition, third-party sites typically have search engines that can be used for filtering specific or multiple record(s). To use third-party or government websites, interested parties may need to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in

However, third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability cannot be guaranteed.

How To Seal a Criminal Record in Maryland

Criminal records may either be shielded or sealed in Maryland. Both forms of restriction limit the public from inspecting certain information in said record. However, a key difference between the two is that while shielding ensures that certain court and criminal police records are partially or completely inaccessible to the public, sealing a record is a form of relief given to witnesses or victims of crimes who want to hide their personal identifying information. Like sealed records, certain parties have full access to a shielded record. Information that can be sealed include:

• Names
• Addresses
• Phone numbers

To seal a criminal record, an individual (witness/victim) may request the action from the clerk or commissioner of the court where the case was tried. This is done by filing a request to seal a record with Form CC-DC–052. Usually, there are no hearings held for these requests. If the clerk or commissioner of the court approves the request, the information becomes publicly inaccessible. Anyone whose request was denied may file a motion in the District or Circuit Court where the case was heard. In filed motions, a judge decides whether to grant or deny a motion and schedule a hearing for additional consideration.

Crimes that may qualify for shielding are specified under the criminal laws of the state. They include but are not limited to:

• Disturbing the peace
• Driving while uninsured
• Driving while canceled, suspended, or revoked
• Driving without a license
• Disorderly conduct
• Prostitution
• Use of or possession of drug paraphernalia
• Possessing or administering a controlled or non-controlled dangerous substance
• Failure to obey a lawful order

Maryland grants only one shielding petition per lifetime for the convictions above, excluding domestic-related convictions. Also, a court will not approve a shielding if the defendant has an unresolved criminal matter, is ineligible for shielding, or was convicted of a crime within the 3-year waiting period to shield a record. The only exception to the last condition: being convicted of a new crime, is if the new conviction is eligible for shielding. To shield a record, an individual or attorney may file a petition in the District Court or Circuit Court where the case was concluded. This petition must be filed three years after the completion of a sentence for which the shielding is petitioned. It costs $30 to file a petition.

What Crimes Can Be Expunged in Maryland?

Sections §§ 10–105 and 10–110 of the Criminal Procedure Article outlines crimes that may qualify for expungement in Maryland. They include:

• Acquitted or dismissed charges
• Convictions based on probation before judgment
• Compromised cases under § 3–207, Criminal Law Article
• Charges transferred to a juvenile court under § 4–202, Criminal Procedure Article
• Charges that were not prosecuted (nolle prosequi)
• One-time convictions of non-violent crimes
• Full and unconditional pardons
• Convictions vacated under § 8–302, Criminal Procedure Article
• Convictions of marijuana possession
• Some misdemeanor offenses listed under § 10–110(a)(1) of the Criminal Procedure Article, including gambling, violation of a temporary or final protective order, and prostitution
• Some felony offenses listed under § 10–110(a)(2) including burglary, home invasion, and possessing or administering a controlled dangerous substance

How To Expunge Criminal Records in Maryland

Persons whose criminal records are eligible for expungement in Maryland may file a petition in a court. However, there are specific forms to file depending on how the criminal case was disposed of:

• Petition for Expungement of Records (Form CC-DC-CR–072A): For not-guilty dispositions (acquittal, dismissal, probation before judgment, nolle prosequi, stet, or not criminally responsible disposition)
• Petition for Expungement of Records (Form CC-DC-CR–072B): For guilty dispositions
• General Waiver and Release (Form CC-DC-CR–078): For guilty dispositions, if applicable

Petitioners may file the applicable form(s) with the clerk of the court where the case was concluded with the relevant form completed and signed, and a filing fee of $30 paid (only for guilty convictions). District or Circuit Courts should be petitioned for the expungement of adult criminal records while juvenile records can be expunged by petitioning the Juvenile Division of the Circuit Court.

To fill the petition form, a petitioner must know the case number, date of arrest/summons/citation, offense, and date of disposition. Requestors who cannot pay the filing fee may request a waiver from the court. The expungement process takes 90 days from the date of filing but could be longer, especially if an objection or appeal is filed. Waiting periods for expungement may also differ by the crime. Additionally, while an expungement in Maryland clears case information from a court, police, and motor vehicle record, it does not expunge a criminal record from all agencies simultaneously. A petitioner will need to request expungement from the relevant agency if needed.

More information and frequently asked questions on the expungement process in Maryland may be obtained from the Expungement Guide. Additionally, sections § 3–8A–27.1(b)(1), Courts and Judicial Proceedings Article, and Md. Rule 11–601 outlines the expungement of juvenile records in Maryland.

Do Sealed Records Show up In Maryland Background Checks?

Yes, sealed or shielded records may show up in Maryland background checks. While the information or record that is shielded or sealed is generally held back from the public, certain parties, including prospective and current employers, may legally access the criminal records of applicants and prospective employees.

By law, expunged records are inaccessible to the public. However, it may still be possible for an expunged record to show up in a Maryland background check. The reason for this is that while the criminal records are expunged from the court system, agencies, such as the FBI and CJIS (Criminal Justice Information Services), have their own databases that are not interlinked. Also, third-party sites may have their own records prior to the expungement order.

Who Can See Sealed Criminal Records in Maryland?

Under the Maryland Second Chance Act, the following parties have full access to shielded/sealed criminal records in the state:

• Criminal justice units
• Persons authorized to ask about an applicant’s or employee’s criminal background under § 5–561(b), (c), (d), (e), (f), or (g) of the Family Law Article
• Authorized prospective or current employers or government licensing agencies
• Subjects of shielded records or their attorneys
• Health occupation boards outlined under the Health Occupations Article
• Parties using volunteers who care for or supervise children
• Individuals who employ or want to employ someone to care for or supervise a minor or vulnerable adult, as denoted in § 3–604 of the Criminal Law Article
• Persons accessing a shielded record on behalf of/with written authorization from the entities listed above

How To Obtain Sealed Records in Maryland

Sealed or shielded records are not available to the public in either physical or electronic forms. However, the following eligible parties may be able to access sealed records:
Health occupation boards outlined under the Health Occupations Article

• Parties using volunteers who care for or supervise children
• Criminal justice units
• Persons authorized to ask about an applicant’s or employee’s criminal background under § 5–561(b), (c), (d), (e), (f), or (g) of the Family Law Article
• Authorized prospective or current employers or government licensing agencies
• Individuals who employ or want to employ someone to care for or supervise a minor or vulnerable adult, as denoted in § 3–604 of the Criminal Law Article
• Subjects of shielded records or their attorneys
• Persons accessing a shielded record on behalf of/with written authorization from the entities listed above

As special provision is granted to these parties by the law, the agency with a sealed or shielded record may be contacted for more information, as information on obtaining sealed records is not publicly available.