When Can a DUI Be Expunged in Maryland?

 Posted on January 21, 2025 in DUI Sentencing Alternatives & Expungement

While some states allow the expungement of a DUI conviction, others, like Maryland, only allow it under a very narrow set of circumstances. The general rule in the state is that a DUI cannot be expunged - but there are certain exceptions to the rule. DUI in the state stands for "driving under the influence" which means a person is driving while impaired with a blood alcohol concentration (BAC) of 0.08 percent or higher.

A slightly lesser charge is DWI, which means a person has a BAC of 0.07 percent or higher. A prosecutor can charge a person with DUI and DWI simultaneously, but the person can only be convicted on one of the charges. Under Maryland Transportation Article 21-902, the legislature defined what is considered the illegal operation of a motor vehicle while impaired.

If you are convicted of DWI or DUI, you can face serious, long-term penalties. Unfortunately, there are only a limited few exceptions where an expungement of the conviction is possible, and these exceptions have to do with how your conviction was handled. If you are facing a DUI or have been convicted of DUI and are wondering about an expungement, it can be beneficial to speak to an experienced Towson, MD DUI attorney.

What is Expungement?

When a DUI or other criminal conviction is expunged, this means it is removed from all criminal, court, and police records. If you apply for a job and are asked whether you have a criminal record and your DUI was expunged, you can legally answer "no." An expungement shields the details of your conviction from employers, landlords, and creditors, as well as any other person who might look up your criminal background.

When Can DUIs in Maryland Not Be Expunged?

If you appear in court for your DUI, and you receive a Probation Before Judgment (PBJ) dispensation, or you are found guilty of the DUI, you will never be able to expunge the offense from your record. This is true even though most other traffic violations and criminal offenses in Maryland do allow expungement on a PBJ dispensation. There is an exception to this for DUI and DWI offenses in the state.

What Are the Situations When a DUI or DWI Can Be Expunged?

If your DUI or DWI resulted in a stet, nolle prosequi, not guilty verdict, acquittal, or dismissal, then you can have the record expunged after three years. The prosecutor in the case must make a request for a stet, which essentially means an indefinite postponement of the criminal charges.

The defendant must accept the stet and waive his or her right to a speedy trial should it be reopened during the three-year period after it is entered. The judge in the case must also accept the stet and order its entry into the record. A stet can come with conditions, and the defendant must accept those conditions.

Nolle prosequi is a legal term that means "do not prosecute" in Latin. If the State’s Attorney decides not to proceed with a case for an individual who has been charged with a traffic offense or criminal offense, this is called nolle prosequi. While this may feel like a win, a nolle prosequi does not necessarily mean the individual’s record is clean. The statute of limitations may have run, there may be a lack of availability for a witness to testify, or the defendant may be accepting a guilty plea for a lesser offense.

Contact a Baltimore County, MD DUI Lawyer

If you are being charged with DUI in the state or are wondering whether a prior DUI conviction is eligible for an expungement, it is important to talk to a knowledgeable Towson, MD DUI attorney from Kirk Seaman, LLC. Attorney Seaman is aggressive, trustworthy, and experienced. He has excellent relationships with local judges and prosecutors, and the firm, which opened in 1953, has a long history in the area. Call 410-837-6077 today to schedule your free consultation. We are available 24/7.