Juvenile Record Expungement Checklist

For a court to order a juvenile record expungement, the judge must:

Find that ANY ONE of the factors listed below in (A) has occurred; and
Find that EACH of the factors listed below in (B) has occurred; and
Consider each of the factors listed below in (C).

You can use this checklist to learn whether you meet these grounds and are eligible to have your juvenile record expunged.

	A. Did ANY one of the following occur in your juvenile case?
		1. The State’s Attorney entered a nolle prosequi; OR
		2. The delinquency or Child in Need of Supervision petition was dismissed; OR
		3. The court held an adjudicatory hearing and in that hearing, did not find that the allegations in the delinquency petition, Child in Need of Supervision petition or citation were true; OR
		4. An adjudicatory hearing was not held within two years after the delinquency petition, Child in Need of Supervision petition or citation was filed; OR
		5. The court held a disposition hearing and in that hearing, found that you did not require guidance, treatment or rehabilitation; OR
		6. The court held a disposition hearing and in that hearing, found that you did require guidance, treatment or rehabilitation.
	Read the Law: MD Code Ann., Courts & Judiciary Proceedings § 3-8A-27.1(c)(1)
	B. Is EACH of the following true?
		1. You are at least 18 years old; AND
		2. At least two years have passed since the last official action in your juvenile record; AND
		3. You have never been adjudicated delinquent or you were only adjudicated delinquent one time; AND
		4. You have not subsequently been convicted of any offense; AND
		5. No delinquency petition or criminal charge is pending against you; AND
		6. You have not been adjudicated delinquent for an offense that, if committed by an adult, would constitute: A crime of violence (as defined in MD Code Ann., Criminal Law § 14-101); OR A violation of MD Code Ann., Criminal Law § 3-308 (fourth degree sexual offense); OR A felony (A "felony" is a crime which is generally more serious in nature. A crime is a felony either because the Maryland General Assembly said the crime was a felony or because it has historically been considered to be a felony.); AND
		7. You have not been required to register as a sex offender under MD Code Ann., Criminal Procedure § 11-704(c); AND
		8. You have not been adjudicated delinquent for an offense involving the use of a firearm (defined in MD Code Ann., Public Safety § 5-101), in the commission of a crime of violence (defined in MD Code Ann., Criminal Law § 14-101); AND
		9. You have fully paid any monetary restitution ordered by the court in the delinquency proceeding.
	Read the Law: MD Code Ann., Courts & Judiciary Proceedings § 3-8A-27.1(c)(2)-(9)
	C. The court must consider EACH of the following:
		Your best interests; AND
		Your stability in the community; AND
		The safety of the public.
	Read the Law: MD Code Ann., Courts & Judiciary Proceedings § 3-8A-27.1(d)

Source

Sarah R. Kaplan, Esq., Department of Family Administration, AOC

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A. Did ANY one of the following occur in your juvenile case?

B. Is EACH of the following true?

C. The court must consider EACH of the following:

Is this legal advice?