If you have a DUI conviction in Maryland, you may feel its consequences in your life long after your case is closed. From lost job opportunities to higher insurance rates and restricted housing options, a DUI on your record can create ongoing challenges. For those hoping to move forward, understanding the unique rules surrounding DUI expungement in Maryland is key. With more than 15 years serving Queen Anne’s County, we’ve helped local residents navigate these complicated laws. This guide provides an in-depth look at your options, eligibility, and next steps when considering DUI expungement in Maryland.
Can a DUI Conviction Be Expunged in Maryland?
A common question we hear from clients is whether it’s possible to expunge a DUI conviction from a Maryland record. The reality is that Maryland law is particularly strict when it comes to DUI & DWI expungement. Under the Maryland Criminal Procedure Code, DUI or DWI convictions are not eligible for expungement from criminal or Motor Vehicle Administration (MVA) records. This is true for both first-time and repeat offenses. The law is designed to prioritize public safety, which means a conviction typically stays on your record permanently.
There are, however, exceptions if the DUI charges did not lead to a conviction. If your charges were dismissed, you were found not guilty, the state entered a nolle prosequi (choosing not to prosecute), or the case was marked stet (inactive but not dismissed), you can usually seek expungement. Timing and additional requirements apply, but these outcomes offer a path to clearing your name. Knowing the difference between a conviction and other case outcomes is fundamental—being charged is not the same as being found guilty under Maryland law.
Expungement vs. Shielding vs. Record Sealing: What Maryland Residents Need to Know
Many clients confuse expungement, shielding, and record sealing. In Maryland, expungement removes your police and court records from public access entirely. This means that, for most public and private checks, the incident appears as though it never happened. For eligible cases, this is the most comprehensive solution to clearing your record.
Shielding is a different process, unique to Maryland, which blocks certain misdemeanor convictions from public view but keeps them accessible to law enforcement and some government agencies. Importantly, Maryland’s Justice Reinvestment Act does not allow for shielding of DUI or DWI convictions. For those offenses, shielding is not an option—this remedy only applies to specific other offenses listed in state law.
Record sealing, a term commonly used in other states, isn’t directly available in Maryland criminal cases. The closest parallel is shielding, but as noted, this does not apply to DUI convictions. For Marylanders facing the impact of a DUI on their record, understanding these distinctions allows you to focus on legal strategies that actually fit your situation, rather than wasting time pursuing options not permitted under state law.
Who Is Eligible for DUI Expungement in Maryland?
Your eligibility for DUI expungement in Maryland is almost entirely determined by how your case concluded. If you were convicted of DUI or DWI, you are not eligible for expungement under current law. However, if your case resulted in acquittal, dismissal, a nolle prosequi, or was placed on the stet docket, you likely can seek expungement. The eligibility requirements are complex, and knowing the specific disposition listed in your court record is critical.
CDL holders face additional restrictions. Federal commercial driving laws prevent most forms of expungement even if you were driving a non-commercial vehicle at the time of the offense. If you were under 21, Maryland's zero-tolerance rules do not provide extra relief—eligibility is based on the same outcome-driven standards, not your age.
In cases with a stet docket, individuals generally wait three years before filing for expungement. With dismissed charges, acquittals, or a nolle prosequi, you may file immediately, but prosecutors have the right to object, which can trigger a hearing. Our personal familiarity with Queen Anne’s County courts allows us to help clients avoid technical denials and make sure their paperwork is in order from the start—an important advantage when strict rules and deadlines apply.
Can a DUI with Probation Before Judgment (PBJ) Be Expunged in Maryland?
Probation Before Judgment, commonly called PBJ, is a sentence unique to Maryland. For some criminal offenses, PBJ can set the stage for expungement, but DUI & DWI offenses are treated differently. If you received PBJ for a DUI or DWI and have never previously received PBJ or been convicted for similar offenses, you may qualify for expungement three years after your sentence was imposed or after you completed your probation—whichever comes last.
However, if you have any prior DUI or DWI convictions or have received PBJ for these offenses in the past, expungement isn’t allowed under Maryland law. Many people assume that PBJ always leads to a clean slate, but for DUI/DWI, qualifying for expungement depends on your entire record, not just the most recent case.
Step-by-Step: How to File for DUI Expungement in Maryland
Maryland residents seeking to expunge an eligible DUI or DWI case need to follow a series of legal steps. Our team works closely with clients from initial review to final order, and we have seen many clients benefit from a well-organized approach.
To begin, confirm the outcome fo your case. If you qualify, follow these key steps:
- Gather your records: Obtain your final court disposition and any necessary documentation of the outcome.
- Complete the correct petition: Most Maryland expungements use Form CC-DC-CR-072, available through the Maryland Judiciary website or at the courthouse.
- File in the correct court: Submit your petition at the circuit or district court where your case was heard.
- Serve required parties: Notify all agencies involved, including the state’s attorney, original arresting agency, and in some cases the MVA.
- Watch for objections: If the prosecutor objects, prepare for a court hearing where a judge will decide the case.
- Wait for the expungement order: Approved cases result in a court order to destroy or remove the record.
This process usually takes several weeks or months. Missing a required step or deadline can lead to dismissal of your petition. We regularly review all documents before filing and monitor cases as they move through the Queen Anne’s County court system, keeping clients updated and minimizing surprises.
How Long Does a DUI Stay on My Record in Maryland If Not Expunged?
For most Marylanders, a DUI conviction remains on both your criminal and MVA records for life unless it is expunged. There is no automatic time limit or erasure. Employers, landlords, licensing boards, and insurance companies can see DUI convictions during background checks for years to come, affecting everything from job prospects to loan approvals.
Even DUI arrests or charges that don’t result in conviction will remain visible unless a formal expungement takes place. The criminal case database maintained by Maryland’s judiciary, as well as online commercial background check services, can still turn up these records. It’s important to act promptly—once expungement eligibility is met, waiting too long can lead to missed opportunities or records being cached by background check services.
Common Mistakes That Prevent DUI Expungement in Maryland
The legal process for expungement in Maryland is detailed, and even minor missteps can result in delays or outright denials. One of the most frequent errors is misunderstanding the waiting period, particularly after a PBJ or stet disposition. Filing too early, or before all sentences and probation obligations are complete, almost always leads to an automatic denial from the court. We regularly see clients who overlooked related traffic charges linked to their DUI, mistakenly expunging only part of their record.
Applicants commonly make mistakes such as:
- Filing with incomplete or illegible expungement petitions
- Failing to serve notice to every required agency
- Assuming the expungement of one case clears related records (MVA and criminal processes may be separate)
- Relying solely on online instructions that omit crucial, case-specific requirements
- Attempting to expunge ineligible convictions, leading to wasted time and fees
Alternatives to DUI Expungement in Maryland If You’re Not Eligible
If you have a DUI or DWI conviction in Maryland that cannot be expunged, there are still steps you can take to manage its impact. While shielding and record sealing do not apply to DUI convictions in Maryland, some individuals may consider petitioning for a gubernatorial pardon. Pardons are seldom granted, but for long-ago offenses—when significant rehabilitation can be demonstrated—they remain an option for some cases.
Aside from a pardon, your best strategies may be practical. For employment, licensing, or housing applications, gathering documentation that demonstrates rehabilitation, good conduct, and community service can help overcome concerns about an old conviction. Some agencies permit applicants to include statements or references explaining the context of their offense and subsequent efforts at rehabilitation.
To strengthen your position after an ineligible DUI conviction, consider assembling:
- Formal letters of reference from employers, community members, or treatment providers
- Proof of completing alcohol education, substance abuse treatment, or counseling
- Documentation of clean driving for a period of years, if relevant
- A well-organized narrative explaining your growth since the offense
Our Support for DUI Expungement & Record Relief in Queen Anne’s County
Working through the DUI expungement process in Maryland can feel overwhelming, but you’re not alone. Our team at Matthew Penick Law is deeply connected to the Queen Anne’s County community and brings more than 15 years of hands-on experience with the local courts, judges, and agencies. We take time to understand your story and goals, then guide you step-by-step through eligibility review, petition preparation, and court filing, always ensuring deadlines and details are never overlooked.
We stand with you every step of the way, from analyzing your court disposition to navigating objections and questions from prosecutors. Our practice is shaped by clear, ongoing communication and a commitment to building trust with every client who walks through our doors. When the process feels complicated or the outcome uncertain, our knowledge of the local landscape is your strongest legal asset.
If you’re ready to take the next step toward clearing your record, or if you have questions about your specific case outcome, contact our office.