MarylandSB 04322025 Regular SessionSenate

Criminal Records – Expungement and Maryland Judiciary Case Search (Expungement Reform Act of 2025)

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 1 benefits, 2 costs, 2 mixed.

Case Search hides more charge records

Beginning January 31, 2026, Maryland Judiciary Case Search cannot refer to electronic charge records ending in acquittal or dismissal. It also cannot refer to charges prosecutors dropped, called nolle prosequi, including those with drug- or alcohol-treatment requirements. Charges marked stet, meaning put on hold, are excluded once that entry is at least 3 years old. Case Search also cannot refer to cannabis-possession charges resulting in convictions later pardoned by the Governor.

Later crimes can block record clearing

Beginning October 1, 2025, a disqualifying conviction within 3 years after probation before judgment blocks expungement based on that outcome. For probation before judgment under Transportation Article § 21-902(a) or (b), the period is 15 years. During that period, another probation before judgment for a § 21-902 violation also blocks expungement. A pending criminal case also bars expungement under this rule. Minor traffic convictions and convictions for acts no longer considered crimes do not count as disqualifying convictions.

Record-clearing waits start after full sentences

Beginning October 1, 2025, Maryland counts conviction-expungement waits from the end of the full sentence, including probation, parole, or mandatory supervision. Some convictions under Criminal Procedure § 10-105 have a 3-year wait. Under § 10-110, waits are generally 5 years for eligible misdemeanors and 7 years for battery and most eligible felonies. That section sets 15 years for domestically related crimes and 10 years for specified felonies. Cannabis possession with intent to distribute has a 3-year wait under that section; the conviction must also qualify for expungement.

Record-clearing reviews weigh payment and safety

Beginning October 1, 2025, courts reviewing § 10-105 requests must consider supervision success and restitution payment or inability to pay, when applicable. For § 10-110 requests, a timely objection by the State’s Attorney or a victim requires a hearing. The court must find that the person and conviction qualify, expungement serves justice, and the person poses no public-safety risk. It must consider success on probation, parole, or mandatory supervision and find that restitution was paid or cannot be afforded. When the required findings are met, the court must order expungement.

Some misdemeanors qualify; others lose eligibility

Beginning October 1, 2025, Maryland changes which misdemeanors qualify for expungement under Criminal Procedure § 10-110. It adds Transportation Article § 16-303 and removes Criminal Law §§ 8-610, 9-408, 9-501, and 9-502. Qualifying attempts, conspiracies, and solicitations of listed offenses are also covered. People seeking expungement must still complete the applicable waiting period and have an offense on the amended eligibility list.

Sponsors & Cosponsors

Sponsor

Nick Charles
Democratic • Senate

Cosponsors

Arthur Ellis
Democratic • Senate
Shaneka Henson
Democratic • Senate
Shelly Hettleman
Democratic • Senate
Nancy J. King
Democratic • Senate
Sara Love
Democratic • Senate
C. Anthony Muse
Democratic • Senate
William C. Smith
Democratic • Senate
Charles E. Sydnor
Democratic • Senate
Jeff Waldstreicher
Democratic • Senate
Chris West
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 137 • No: 49

House vote • 4/2/2025

Third Reading Passed

Yes: 101 • No: 38

Senate vote • 3/14/2025