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.

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 the process by which the record is permanently destroyed or removed so it is no longer accessible by courts or other agencies. Maryland law allows for the expungement of certain criminal records under specific circumstances. Generally, non-convictions, such as cases resulting in acquittal, dismissal, or a nolle prosequi (decision not to prosecute), can be expunged. Convictions for certain misdemeanors and felonies may also be eligible for expungement, but typically after a waiting period that can range from 3 to 15 years, depending on the offense. Serious crimes, such as violent crimes, certain sexual offenses, and other major felonies, are usually not eligible for expungement. Juvenile records may also be expunged under certain conditions. The process often requires the individual to file a petition with the court, and eligibility may depend on factors such as the completion of the sentence, including probation or parole, and not incurring new criminal charges. It's important to note that expungement laws are subject to change, and individuals seeking expungement should consult with an attorney to understand the current statutes and their eligibility.