As of October 1, 2024, Maryland has enacted a major change to its expungement laws, offering a fresh opportunity for individuals previously convicted of DUI and DWI offenses. This reform reflects the state's growing commitment to rehabilitation and creating second chances for those who have demonstrated they can follow the law after their probation. If you’ve been affected by a DUI or DWI charge and received probation before judgment (PBJ), this could be a pivotal moment for you to clear your record.
What's New?
Maryland’s new law expands the expungement eligibility for DUI/DWI cases. Previously, individuals with a DUI or DWI offense that ended in PBJ had no option for removing the offense from their records. However, with the new legislation, you can apply to have these charges expunged under the following conditions:
15-Year Waiting Period: You must wait at least 15 years after completing the terms of your probation before you can apply for expungement. This long waiting period ensures that only individuals who have demonstrated a significant commitment to lawful behavior are eligible.
No Subsequent Convictions: To qualify, you must not have been convicted of any other criminal offenses during that 15-year period, except for minor traffic violations. The law is designed to benefit individuals who have maintained a clean record since their DUI/DWI offense.
Alcohol-Related Offenses: The new law applies only to DUI/DWI cases involving alcohol. Cases involving drugs or a combination of drugs and alcohol do not fall under this reform.
Why is this Important?
A DUI or DWI charge can have long-lasting consequences, even if you avoid a conviction through PBJ. These offenses can still appear in background checks, potentially affecting your ability to secure employment, housing, or certain licenses. With this new expungement option, eligible individuals can finally move forward without the burden of a past mistake weighing them down.
For many, this reform represents a crucial second chance—a way to rebuild their lives without the stigma of a DUI/DWI on their record. The law also acknowledges that rehabilitation is possible, rewarding those who have stayed out of trouble for a significant period.
How Do You Apply for Expungement?
If you believe you are eligible under the new law, the process begins by filing a petition with the court where your original DUI/DWI case was handled. It’s crucial to ensure all conditions of your probation were met and that no additional charges or convictions were recorded against you during the 15-year period. Consulting an experienced attorney is highly recommended to navigate this process and ensure everything is filed correctly.
Conclusion
Maryland's new expungement law is a step forward for criminal justice reform, particularly for individuals looking to move past their DUI or DWI offenses. If you’ve been waiting for the chance to clear your record, now may be the time to act. Contact our firm to learn more about your eligibility and how we can assist in filing your expungement petition.