Can a DUI be expunged in Maryland?

Whether a DUI can be cleared at all

Maryland lets a person petition to expunge a conviction only for the offences named in Md. Code, Crim. Proc. § 10-110, and the two Transportation Article misdemeanours on that list are § 16-101 and § 16-303; a conviction under § 21-902, the driving-under-the-influence section, is not among them. The Motor Vehicle Administration states that driving under the influence convictions are not eligible for expungement under Maryland law. Relief is available where the person was acquitted, the charge was dismissed, a nolle prosequi or stet was entered, or probation before judgment was granted, though probation before judgment for a violation of § 21-902(c), (d), (h) or (i) is excluded even from that route.

“A person may file a petition listing relevant facts for expungement of a police record, court record, or other record maintained by the State or a political subdivision of the State if the person is convicted of: (1) a misdemeanor that is a violation of: ... (xxvii) § 16–101 or § 16–303 of the”

The driving record is a separate record

This is the part most summaries leave out. A court can seal or expunge the criminal case and the licensing agency can still keep the DUI on the driver record, where it reaches insurers and counts as a prior offence if there is a second one.

Not cleared. The Motor Vehicle Administration removes eligible entries from a driver history when it receives a court expungement order, but states that some entries are not eligible under Maryland law, naming driving under the influence convictions and convictions or licence sanctions that carry higher penalties if they reoccur. The administration also states that expungement does not automatically restore privileges lost through a conviction, does not erase records held by other state or federal agencies, and that insurers apply their own rules and may consider a full history regardless.

“There are some entries that are not eligible for expungement under MD Law, such as driving under the influence convictions, convictions or license sanctions that result in higher penalties if they reoccur.”

What else sits on that record: suspensions and points in Maryland.

How long the wait is, and from when

Where probation before judgment was entered for a violation of Md. Code, Transp. § 21-902(a) or (b), the petition may not be filed within 15 years of the date the person was discharged from probation, and the person is not entitled to expungement if within those 15 years they were convicted of a crime other than a minor traffic violation or received probation before judgment for another § 21-902 violation. For other probation before judgment cases the wait is the later of discharge from probation or three years from the grant of probation, and for an acquittal, nolle prosequi or dismissal it is three years unless a waiver and release of tort claims is filed with the petition.

“A petition for expungement based on a probation before judgment for a violation of § 21–902(a) or (b) of the Transportation Article may not be filed within 15 years after the date the petitioner was discharged from probation.”

Automatic or by petition

Maryland expunges some cases without any petition: where all charges in a case ended in acquittal, not guilty, dismissal or nolle prosequi entered on or after 1 October 2021, the court expunges the case automatically after three years, and a person may ask for it earlier at no cost. That automatic route does not reach a driving-under-the-influence conviction or a probation before judgment; those go by petition, and a conviction under Md. Code, Transp. § 21-902 is outside the petition list entirely.

“For cases where ALL charges have a disposition of acquittal, not guilty, dismissal, or nolle prosequi, entered on October 1, 2021 or later the court will expunge the case automatically after 3 years. You may request expungement earlier than three years by using this form. There is no fee to do so.”

Where it is filed, and what it costs

The petition is filed in the court where the proceeding began, or in the court to which the case was transferred or appealed. There is no charge to expunge a case ending in acquittal, dismissal, probation before judgment, nolle prosequi, stet or not criminally responsible, which is the route a driving-under-the-influence charge takes; the fee is $30 for eligible guilty dispositions and is non-refundable even if the petition is denied. A copy of the petition is served on the State's Attorney, and if no objection is filed within 30 days the court orders expungement of all police and court records about the charge.

“There is no charge to expunge a case with a disposition of acquittal, dismissal, probation before judgment (PBJ), nolle prosequi, stet, or not criminally responsible. ... The filing fee is $30 for eligible guilty dispositions and is nonrefundable, even if denied.”

Whether a cleared DUI still counts as a prior

A cleared driving-under-the-influence case still counts. A person is not entitled to expungement of a probation before judgment for a violation of Md. Code, Transp. § 21-902(a) or (b) if within 15 years of that probation they were convicted of a crime other than a minor traffic violation or received probation before judgment for another § 21-902 violation. The Motor Vehicle Administration separately keeps entries that lead to higher penalties if they reoccur.

“the petition is based on the entry of probation before judgment for a violation of § 21–902(a) or (b) of the Transportation Article and the person within 15 years after the entry of the probation before judgment has: 1. been convicted of a crime other than a minor traffic violation ... or 2.”

The statute: Md. Code, Crim. Proc. § 10-105

“(3) a probation before judgment is entered, unless the person is charged with a violation of § 21–902(c), (d), (h), or (i) of the Transportation Article or Title 2, Subtitle 5 or § 3–211 of the Criminal Law Article;”