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. 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.
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.
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?
Yes! Probation Before Judgment, commonly called PBJ, is a sentence unique to Maryland. For some criminal offenses, PBJ can set the stage for expungement. DUI & DWI offenses are treated slightly differently. There is a 15 year waiting period, and only certain types of DUI/DWI cases are eligible for expungement.
Many people assume that PBJ always leads to a clean slate, but for DUIs/DWIs, qualifying for expungement depends on your subsequent record, how you performed on probation, and the time that has elapsed.
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.
- 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 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 might remain visible unless a formal expungement takes place. 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.
Applicants commonly make mistakes such as:
- Filing with incomplete or illegible expungement petitions
- 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. Some individuals may consider petitioning for a gubernatorial pardon.
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.