Expungement of Criminal Records Expungement completely removes a criminal record from public view. Expunged information will not show up in background checks. You are not legally required to tell employers about an expunged record except in certain circumstances not governed by Maryland law. This brochure is about expunging adult criminal records about you from Maryland state court records only. Who uses expungement? Defendants in state criminal cases or individuals with a state juvenile record. This brochure provides informa..on on expunging adult criminal records only. If you want to expunge juvenile records, see the brochure Expungement of Juvenile Records as that procedure is different. If you are a party in a peace or protective order case, your case is civil, not criminal. See the brochure: Can I Keep the Public from Seeing Information about Me in a Peace or Protective Order Case? If the state brought a criminal case against you for the same incident, you might have both a civil and criminal case. If you want to limit public access in your civil case, or if you are a vic..m or witness in a criminal case, see the brochure: Can I Keep the Public from Seeing Information about Me in a Court Case? How do I file for expungement? For Maryland state court records, you can file a "Petition for Expungement of Records” (form CC-DC/CR-72) and if necessary, a “General Waiver and Release” (form CC-DC/CR-78). File the form with the Clerk’s Office of the court that heard your case, in person or by mail. There is no way to expunge all of your criminal records at once. Your criminal records can also be expunged from Motor Vehicle Administration files and police files. Each process removes very specific files. Contact each agency that has criminal records about you to fi nd out their expungement procedures. I am the defendant in a criminal case, can I file for expungement? Yes, if: Maryland’s Governor pardoned you; or You can show good cause; or The case was filed against you initially in criminal court, and then later transferred to juvenile court. A word about juvenile records and expungement: If you were initially charged as an adult and your case was later transferred to juvenile court, you have two records—a criminal record and a juvenile record. Follow the procedures in this brochure to expunge the adult criminal record. See the brochure Expungement of Juvenile Records for information on how to expunge the juvenile portion of your record. You can also file if three (3) years have passed and: You received probation before judgment (except DUI/DWI) or The court indefinitely postponed your case (“stet”); or The crime you were convicted of or found not criminally responsible for is listed in Maryland Code, Criminal Procedure § 10-105(a)(9) or (10). Finally, you can file if three (3) years have passed OR you file a “General Waiver and Release” [form CC-DC/CR-78] and: You were found not guilty (“acquitted”); or The state did not prosecute the charge against you (called “nolle prosequi”). Note that filing the General Waiver waives certain legal rights you may have. You may want to speak to a lawyer before doing so. Must I tell anyone about information that the court expunged? Under Maryland Code, Criminal Procedure § 10-109, an employer or educational institution may not require, as a condition of employment or admission, that you disclose expunged information about yourself. This includes the state government. The state also may not require you to disclose expunged information when you apply for a state license, permit, or other registration. You may be required to provide information about expunged cases in certain other circumstances not governed by Maryland law. For more information Expungement can be complicated. For more information, see Maryland code, Criminal Procedure § 10-109 et seq. and the Maryland Judiciary’s Expungement brochure which can be found online at www.mdcourts.gov/courtrecords. Court forms are available on the Maryland Judiciary’s website at www.mdcourts.gov/courtforms. Read Maryland’s laws at www.mdcourts.gov/lawlib/researchtools/ sourcesmdlaw.html. Visit the People’s Law Library of Maryland, an online legal resource, at www.peoples-law.org. Visit any public law library in person. Call 410.260.1430 or find out more online at www.mdcourts.gov/lawlib. Visit or call the Clerk’s Office of the court that heard your case. This brochure was created by the Maryland Access to Justice Commission with the help of the Maryland Judiciary’s Office of Communications and Public Affairs 10/14 MARYLAND ACCESS TO JUSTICE COMMISSION www.mdcourts.gov/mdatjc 410.260.1258