How do I file a petition for expungement?

Expungement is a process that lets you ask the court to remove certain kinds of court and police records from public view. This article provides an overview of the process of filing a petition for expungement.

The expungement process allows you to ask the court to remove specific court and police records from public view. However, not all criminal records qualify, and you may need to wait for a certain period before filing. Learn more about expungement in Maryland. 

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Before you get started

 

Case Search from the Maryland Courts

 

Where can I get an expungement petition form?

The Maryland Courts website has forms available online.  

This Petition for Expungement of Records (Form CC-DC-CR-072A) should be used for expungement of criminal charges with the following outcomes:

  • acquittal,  
  • dismissal,  
  • probation before judgment,  
  • nolle prosequi,  
  • stet, certain not criminally responsible dispositions, or  
  • transfer to juvenile dispositions

A General Waiver and Release may be required for certain dispositions in this Petition.  

This Petition for Expungement of Records (Form CC-DC0CR-072B) should be used for the expungement of eligible guilty dispositions.

You can also get a copy of the forms from any District Court or Circuit Court. Note that the Circuit Court and the District Court use the same forms.  

Expungement: Forms from the Maryland Courts

What can I include on the form?

When you fill out and file a petition for expungement, make sure you review your criminal record. Learn how you can get a copy of your criminal record.

Use broad language in your request for expungement. You can indicate you wish to expunge all police records, court records, and “other records maintained by the State of Maryland and its subdivisions” related to your charge. In Circuit Court, broad language ensures that all records (arrests, detentions, etc.) are removed. If you omit this broad language, the court will only expunge the specific records you explicitly list. 

Read the law: Davis v. Magee, 140 Md.App. 635 (2001)

 

I need help with the forms

To help you complete the petition and answer your questions, the Maryland District Court has a brochure on Expungement online. 

You can also contact a legal service organization for help. 

 

Where do I file my petition?

File your petition in the court where your case was finally resolved. If you have cases in multiple courts, you must file a petition in each one; you cannot combine them. For instance, cases in the circuit courts of Anne Arundel County and Prince George’s County require distinct petitions. Note that this guidance applies to Maryland Cases. Out-of-State-cases are governed by their respective state laws. 

Expungement: When to File from the Maryland Courts

Expungement: How to File from the Maryland Courts

 

What is the fee to file the petition?

There is no filing fee if your petition is for a case with a disposition of acquittal, dismissal, PBJ, nolle prosequi, stet, or not criminally responsible.

However, if your petition is for a case with a guilty disposition, there is a non-refundable $30 fee per case. This fee will not be refunded if your petition is denied. If you face financial hardship, you may ask the judge to waive the fee by submitting a Request for Waiver of Costs form found on the Maryland Courts website. 

 

What happens after I file for expungement?

Once you file for expungement and the court has given a copy to the State’s Attorney, they have 30 days to file an objection. If the State’s Attorney objects your petition, you may have to attend a hearing. Learn more about the expungement process. 

 

Frequently Asked Questions

Do I need an attorney? 

An attorney is not required to file a petition for expungement. However, it may be useful to consult with an attorney if you have questions about your situation.  

Can I take the form to the court to ask the clerk for help? 

The court clerk can only provide public information, such as case numbers and dispositions. The clerk cannot provide legal advice or help you complete the forms.  

Can I include all my case numbers on the petition?

 The petition can only include the case numbers for one “unit.” A “unit” is generally two or more charges (other than minor traffic violations) arising from the same incident, transaction, or set of facts. Learn more about "units."

What is the disposition? 

This is court’s final determination on the criminal charge. Examples include guilty, not guilty (acquittal), probation before judgment (PBJ), nolle prosequi, stet, or not criminally responsible.  

Do I need to get the forms notarized? 

No.  

Do I need to make copies? 

You will need to include an extra copy for the State’s Attorney and each law enforcement agency named in the petition. 

Source
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Source URL: https://www.peoples-law.org/how-do-i-file-petition-expungement

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  2. https://www.peoples-law.org/expungement-and-changing-your-criminal-record
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  11. https://www.peoples-law.org/which-records-can-be-expunged
  12. https://mdcourts.gov/video/courthelp/case-search
  13. https://mdcourts.gov/video/courthelp/case-search
  14. https://mdcourts.gov/sites/default/files/court-forms/courtforms/joint/ccdccr072A.pdf/ccdccr072A.pdf
  15. https://www.courts.state.md.us/sites/default/files/import/courtforms/joint/ccdccr078.pdf
  16. https://www.courts.state.md.us/sites/default/files/court-forms/courtforms/joint/ccdccr072B.pdf/ccdccr072B.pdf
  17. https://mdcourts.gov/video/selfhelp/expungement-series-forms
  18. https://www.peoples-law.org/expungement-and-changing-your-criminal-record
  19. https://www.mdcourts.gov/data/opinions/cosa/2001/328s99.pdf
  20. https://www.courts.state.md.us/sites/default/files/import/courtforms/joint/ccdccr072br.pdf
  21. https://www.peoples-law.org/referrals-help-expungements
  22. https://mdcourts.gov/video/selfhelp/expungement-series-when-file
  23. https://mdcourts.gov/video/selfhelp/expungement-series-how-file
  24. https://www.mdcourts.gov/sites/default/files/court-forms/courtforms/joint/ccdc089.pdf/ccdc089.pdf
  25. https://www.peoples-law.org/expungement-and-changing-your-criminal-record
  26. https://www.peoples-law.org/expungement-and-changing-your-criminal-record#cannot