When a person is charged with a crime or convicted of a crime, the information stays on the person’s criminal record and may be accessed by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check.

Under limited circumstances a person with a criminal record of arrest or conviction may be able to have the criminal record expunged—meaning the record will be permanently destroyed or deleted so it is no longer accessible by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check.

Such an expungement or expunction of a criminal record is different from having a record sealed—which means the record still exists, but access to it is limited. A person whose only criminal record has been expunged may truthfully answer “no” when asked on an employment, licensing, or other application whether the person has ever been convicted of a crime.

Under both state and federal law, in most cases it is not possible to have a person’s criminal conviction expunged. For example, under federal law only a person who is guilty of a minor drug offense under the Controlled Substances Act (21 U.S.C. §844) may have their record expunged. See 18 U.S.C. §3607(c).

Under state laws a person who has been convicted of a crime, pleaded guilty, or pleaded no contest (nolo contendere) is often ineligible to have their criminal record expunged. When a person is eligible to have a criminal record expunged, it is often dependent upon the person successfully completing a probation or deferred adjudication program. And in some states juveniles may be eligible to have a criminal record expunged if the criminal offense was committed before they turned 17 years of age, for example.

Expungement or expunction laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.

In Maryland, expungement of a criminal record is possible under certain conditions, allowing individuals to remove arrests, charges, and convictions from their records. Maryland law provides a list of eligible offenses that can be expunged, which includes most misdemeanors and some felonies, after a waiting period has passed and provided that the individual has not been convicted of a new crime during that time. The waiting periods vary depending on the offense, ranging from immediate eligibility for certain non-convictions to three to ten years for convictions. Some crimes, such as violent crimes, certain sexual offenses, and DUI/DWI, are generally not eligible for expungement. The process involves filing a petition with the court, and if granted, the record is removed from public access, allowing the person to legally deny the occurrence of the arrest or conviction in most situations. Maryland law also allows for the shielding of certain criminal records, which restricts public access but does not destroy the records. It's important to consult with an attorney to understand the specific eligibility criteria and process for expungement in Maryland.