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.

Expungement is a process that lets you ask the court to remove certain kinds of court and police records from public view. Not all criminal records can be expunged, and a waiting period may be required. Learn more about expungement in Maryland.

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Before you get started

 

Case Search from the Maryland Courts

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Where can I get an expungement petition form?

The Maryland Courts website has forms available online. 

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

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What can I include on the form?

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

It is important to use broad language when you request an expungement. You can indicate that you wish to expunge all police records, court records, and "other records maintained by the State of Maryland and its subdivisions" relating to your charge. 

In circuit court, broad language is the best way to ensure that all records of your arrest, detention, etc. are expunged. If you fail to include such broad language, the court will only order the expungement of the records you mention specifically. 

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

 

I need help with the form.

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

You can also contact a legal service organization for help.

 

Where do I file my petition?

You file your petition in the court in which your case was finally resolved. If you have multiple cases in different courts, you will need to file a petition in each court.  

For example, you have a criminal case that you would like to expunge in the Circuit Court for Anne Arundel County and a different case that you would like to expunge in the Circuit Court for Prince George’s County. You cannot combine the cases into a single petition. You must petition each court separately. 

If your case was outside of Maryland, then that state’s laws will apply. This article is only about cases in Maryland. 

Expungement: When to File from the Maryland Courts

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Expungement: How to File from the Maryland Courts

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What is the fee to file the petition?

If the petition is for a case with a disposition of acquittal, dismissal, PBJ, nolle prosequi, stet or not criminally responsible, then there is no fee to file the petition. 

If the petition is for a case with a guilty disposition, then there is a $30 filing fee for each case. This fee is not refundable, even if your petition is denied. You may ask the judge to waive (excuse) the fee due to financial hardship. The form can be found on the Maryland Courts website. 

 

What does the petition look like when it is filled out?

You can visit MDExpungement.com and enter your case number to see what the form might look like.  The MDExpungement site is not maintained by the courts, and should not be considered legal advice.  However, it does use publicly available information from the Maryland Judiciary Case Search website to show what your expungement petition might look like. 

 

What happens after I file for expungement?

After you have filed for expungement, and the court has given a copy of the filing to the State’s Attorney, the State’s Attorney has 30 days to file an objection to your petition. You may have a hearing depending on whether the State’s Attorney objects to your petition. Learn more about the expungement process.

 

Frequently Asked Questions

Do I need an attorney? An attorney is not required for you 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 help you complete the forms. 

Can I include all of 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, nolle prosequi, stet, or not criminally responsible. 

Do I need to notarize the forms? 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
Web Services Librarian
Source URL: https://test.peoples-law.org/how-do-i-file-petition-expungement

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  11. https://test.peoples-law.org/which-records-can-be-expunged
  12. https://mdcourts.gov/video/courthelp/case-search
  13. https://www.youtube.com/watch?v=GrpIdUWEv0Q
  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/court-forms/courtforms/joint/ccdccr072B.pdf/ccdccr072B.pdf
  16. https://mdcourts.gov/sites/default/files/court-forms/courtforms/joint/ccdccr072B.pdf/ccdccr072B.pdf
  17. https://www.courts.state.md.us/sites/default/files/import/courtforms/joint/ccdccr078.pdf
  18. https://mdcourts.gov/video/selfhelp/expungement-series-forms
  19. https://www.youtube.com/watch?v=TGuJWgAgVRI
  20. https://test.peoples-law.org/expungement-and-changing-your-criminal-record
  21. https://www.mdcourts.gov/data/opinions/cosa/2001/328s99.pdf
  22. https://www.courts.state.md.us/sites/default/files/import/courtforms/joint/ccdccr072br.pdf
  23. https://test.peoples-law.org/referrals-help-expungements
  24. https://mdcourts.gov/video/selfhelp/expungement-series-when-file
  25. https://www.youtube.com/watch?v=ZYdcUdXIkA0
  26. https://mdcourts.gov/video/selfhelp/expungement-series-how-file
  27. https://www.youtube.com/watch?v=t8J2G4W2nD0
  28. https://mdcourts.gov/sites/default/files/court-forms/courtforms/joint/ccdc089.pdf/ccdc089.pdf
  29. https://www.mdexpungement.com/
  30. https://www.peoples-law.org/expungement-and-changing-your-criminal-record
  31. https://test.peoples-law.org/expungement-and-changing-your-criminal-record#cannot