In the State of Maryland, if you are found not guilty at trial in your case, the State Prosecutor declines to prosecute your case by entering a "Nolle Prosequi" and dismissing the charge(s), or you receive a Probation Before Judgment disposition (no conviction), you are eligible to file a Petition for Expungement to destroy the records of the incident. If you file your Petition within three (3) years of the date of the disposition, your Petition MUST be accompanied by a "written general waiver and release of all the petitioner's tort claims arising from the charge." (Criminal Procedure section 10-105). Expungement forms can be found on the Maryland State Judiciary Web Site at www.courts.state.md.us. If the disposition of your case was a PBJ, you likely have to wait at least three (3) years before you will be eligible for an expungement. It is always advisable to have an attorney review your case and assure that you are eligible and that the Petition and Release are filed correctly.
It is important to note that the Court system and the MVA are independent and separate agencies. So, your MVA record may have entries listed relating to a DUI, DWI or traffic charge (i.e. an alcohol breath test or test refusal), other than a conviction. Breath test results and refusal entries on a motor vehicle record are not dependent on whether the charge resulted in a conviction.
The accuracy of all records is extremely important to your future. Whether you are seeking employment, applying to school, proving your character or simply want your record to accurately reflect you, our office handles all of these issues regularly: Expungements, DUI and all traffic cases and MVA issues that typically arise from traffic offenses.
Contact us if you would like to discuss your possible Petition for Expungement. We can make sure that all of your documents are filed and recorded accurately.