Expungement After DUI & Drug Convictions

Finding a good job might feel impossible with an old DUI or a small drug possession on your background check. You pay your fines, finish probation, yet every application stalls once those charges flash on a recruiter’s screen.

While Maryland does not allow expungement of DUI convictions, certain DUI-related outcomes—like Probation Before Judgment (PBJ)—may qualify for expungement after a waiting period of 15 years. Once the court wipes the slate clean, landlords and employers stop judging you for yesterday’s mistake.

Clearing a record is more than just paperwork. A clean slate can lift travel restrictions, restore professional licenses, and let parents chaperone school trips again. It also shields your personal dignity. No one enjoys explaining a fifteen‑year‑old arrest to people.

Below are the nuts and bolts of Maryland expungement. Someday you might be asking the judge to erase a chapter in your life so that it no longer defines you.

Why clearing your record matters

Old convictions trigger collateral damage long after fines are paid. Background check databases scrape court dockets every night. Without expungement, that data can sit there forever, even if the underlying conduct happened in college.

Studies link criminal records to lower wages and reduced home ownership. Maryland’s legislature created expungement to curb those lifetime penalties and encourage rehabilitation. The goal is opportunity, not endless punishment.

Employers see a blank screen after expungement because the case file is physically destroyed or sealed. Agencies like the Transportation Security Administration can no longer cite the conviction when evaluating security clearances. Freedom follows paperwork.

Maryland expungement basics

Maryland recognizes three main paths for expungement: full expungement, shielding, and gubernatorial pardon. Expungement is best because the record disappears from public view and government indexes. Shielding only hides it from landlords and HR departments, while the police still see it. A gubernatorial pardon works more like “guilty but forgiven,” which is far from ideal.

An individual can petition for expungement under Criminal Procedure §10‑105 or §10‑110. Section 10‑110 covers convictions for dozens of misdemeanors, including certain drug possession counts.

DUI and drug convictions that may qualify

DUI convictions themselves rarely vanish, but outcomes short of conviction may. If you received probation before judgment (PBJ) for driving under the influence or impaired driving, you can petition for expungement fifteen years after discharge from probation.

The 2024 legislature expanded eligibility for expungement. House Bill 867, which took effect on October 1, 2024, allows individuals who received Probation Before Judgment (PBJ) for DUI or DWI under Transportation Article § 21‑902 to petition for expungement for the first time. However, the law imposes a 10-year waiting period from the date of discharge from probation—longer than the standard 3-year wait for most other PBJs. A 15-year waiting period after completing probation, along with no other convictions (excluding minor traffic offenses), is required. This change, effective October 1, 2024, expands eligibility for expungement beyond previous limitations where DUI/DWI offenses were generally not eligible,

For simple drug possession, most misdemeanor charges qualify after four years if there were no subsequent convictions. For misdemeanor cannabis possession, expungement rules are more lenient (often immediate or automated for certain past convictions). The “four years” waiting period generally applies to other drug misdemeanors. Felony drug convictions remain ineligible, although some non-violent convictions may be if sentence completion is five years old.

Waiting periods and recent reforms

Maryland still imposes cooling‑off periods. For eligible misdemeanors, the wait is three years from the later of conviction or completion of the sentence. A pending criminal case pauses the clock.

Drug paraphernalia convictions saw relief when Governor Moore issued blanket pardons in 2024, though a petition is still needed for true expungement. These pardons primarily cover paraphernalia convictions associated with misdemeanor cannabis possession, not all drug paraphernalia convictions.

If the conviction included a civil driver’s license suspension, you must first reinstate your license before filing. Courts reject petitions lacking proof of reinstatement.

How Maryland compares to other states

Illinois bars expungement of a DUI. The best you can hope for there is sealing, and even that is off‑limits if a judge entered a conviction.

Virginia offers restricted expungement only when charges are dismissed or the defendant is acquitted, not when probation is completed. That just means there is no record of your arrest or charge, both of which can damage you even without a conviction.

Pennsylvania’s Clean Slate Act automates the sealing of many misdemeanors after ten years but excludes DUIs involving a blood alcohol content above 0.16.

Common mistakes that derail petitions

Many applicants forget the traffic citation linked to the criminal case. Leaving it off means your name may still pop up in online searches. List every charge number, even those ending in a $1 fine.

Signatures matter. A petition signed only with an electronic stylus may be rejected in certain clerk’s offices. Print, sign in blue ink, and scan. These small details keep the file moving rather than bouncing back.

If your record spans multiple counties, do not file a single petition hoping for a global wipe. Maryland requires a separate filing in each jurisdiction. Skipping this step leaves dangling records that could undermine your fresh start.

Costs and fee waivers

In Maryland, there is no fee for expunging cases with a disposition of acquittal, dismissal, probation before judgment (PBJ), nolle prosequi, stet, or not criminally responsible.  In Maryland, the filing fee for an expungement petition is $30 for cases with a guilty disposition.

The filing fee is usually $30 per case, but you can request a fee waiver by submitting Form CC‑DC‑089 with proof of income. Judges routinely approve waivers for applicants earning less than 125 percent of the federal poverty level.

Even when fees are waived, you still pay for fingerprinting if the court orders it. Budget about $20 at a licensed provider. This might sound expensive, but try to keep it in perspective. Ultimately, expungement is a lot cheaper than a lifetime of lost wages.

Timeline after filing

Courts mail a copy of the petition to the State’s Attorney, who has 30 days to object. No objection means automatic expungement within 60 days. If the prosecutor objects, the court sets a hearing, usually within another 60 days.

Once the judge signs the order, state agencies have up to 90 days to destroy or seal their files. Keep a certified copy of the court order in a safe place. It is your proof if a background check later misfires.

Steps to take now

First, order your official criminal record from the Maryland Criminal Justice Information System. Verify docket numbers, disposition codes, and case dates. Errors stall petitions.

Second, make sure any outstanding court costs are paid. Clerks reject petitions showing unpaid balances. Attach the CJIS record to your petition along with your affidavit explaining rehabilitation.

Third, file in the same court that heard the original case. Send copies to the State’s Attorney. A hearing is rare, but be ready to explain why expungement serves the interests of justice.

Remember that a denied petition can be refiled after waiting three years, or sooner if the reason for denial no longer exists.

Finally, remember that removing your criminal record from third-party sites is not automatic–it will require extra work to notify these sites and demand expungement under the Fair Credit Reporting Act.

Do you need an attorney?

Carey Law Office has spent decades guiding clients through each of these steps. Founder Joseph Carey has defended those accused of crimes, including DUI’s from his offices in Bowie and Calvert County for decades. This experience gave him an insider’s eye for how courts treat DUI and drug expungement petitions.

When you are ready to leave past mistakes in the past, schedule a confidential meeting with Carey Law Office. Bring your background report, your questions, and your hopes. They can handle the paperwork while you plan the next chapter of your life in Maryland and beyond.