Waldorf MD Expungement Lawyer Serving Charles County

An old arrest or dropped charge can follow you for years. It shows up on background checks for jobs, apartments, schools, and professional licenses. It does this even when the case never went anywhere. The good news is that Maryland law gives you a clear path. You can ask the court to remove certain records from public view. Our team has guided clients through that process since 1993. We know what the local courts in Charles County, Calvert County, St. Mary’s County, and Prince George’s County expect to see. Whether your case ended in dismissal, acquittal, probation before judgment, or a guilty plea that now qualifies under § 10-110, we can tell you exactly where you stand.

Call (301) 870-1200 to talk through your record with a Maryland expungement attorney today.

How Maryland Expungement Actually Works

Expungement is a court order. It removes eligible court, police, and Motor Vehicle Administration records from public access. It is not automatic for most cases. It is not the same as a pardon. You file a petition under Maryland’s expungement statutes. The State’s Attorney has 30 days to object. If no valid objection is filed, the judge can sign the order. After that, state agencies have 60 days to comply.

Two main statutes control the process. Maryland Code, Criminal Procedure § 10-105 covers most non-conviction outcomes. That includes acquittals, dismissals, nolle prosequi, probation before judgment, and stet. Section 10-110 covers a separate list of eligible guilty dispositions. That list includes certain misdemeanors and a defined set of felonies. Knowing which statute applies is the first step in deciding whether your case qualifies.

Records That Are Generally Eligible

You may be able to expunge your records if any of these applies:

• You were acquitted at trial
• The charge was dismissed
• A nolle prosequi was entered
• You received probation before judgment, with limits for some traffic and sex offenses
• The case was placed on the stet docket
• You were found not criminally responsible
• You received a full pardon from the Governor of Maryland
• You were convicted of a specific offense listed in Section 10-110

Waiting Periods Are Not One Size Fits All

A lot of websites repeat the same line about a 3-year waiting period. That is true for some cases and wrong for others. The actual rules depend on how your case ended.

• Acquittal, dismissal, or nolle prosequi: generally 3 years from the disposition. You can file sooner if you sign a general waiver and release of tort claims.
• Probation before judgment: the later of the end of probation or 3 years from the date the PBJ was granted.
• Stet docket: 3 years after the case was placed on stet.
• Governor’s pardon: petition must be filed no later than 10 years after the pardon is signed.
• Eligible guilty dispositions under Section 10-110: 5 years after completion of sentence for most misdemeanors. Seven years for second-degree assault and common-law battery. Ten years for certain felonies, including some theft and burglary offenses.
• Cannabis possession with intent to distribute: 3 years after completion of sentence.

A court can also grant an expungement at any time for good cause. That path is fact-specific and not a shortcut you can count on.

Cases That Are Automatically Expunged

Maryland has a separate process under Section 10-105.1. The court is supposed to expunge cases automatically 3 years after disposition. This only applies if all charges resulted in acquittal, dismissal, not guilty, or nolle prosequi, and the disposition was entered on or after October 1, 2021. You do not have to file.

The system is not perfect. Many clients still find old cases on background checks long after they should have been removed. If that happens to you, a petition under Section 10-105 is usually the fastest fix.

How a Criminal Record Can Affect Your Daily Life

Even one arrest or court case can appear on public records, no matter the outcome. Employers, landlords, and schools check those records when reviewing applications. In Maryland, these records don’t go away on their own. Even if your case was dismissed or ended in a not guilty verdict, it can still appear in a background search.

Clients often come to us after being denied housing or turned down for work over a charge from years ago. These records create long-term barriers. A Maryland expungement lawyer can help determine if your case qualifies. We can guide you through the steps to remove it from public access.

Filing Fees, Forms, and the 90-Day Timeline

There is no filing fee for cases that ended in acquittal, dismissal, probation before judgment, nolle prosequi, stet, or not criminally responsible. For eligible guilty dispositions under Section 10-110, the filing fee is $30 per case. If you can’t afford it, you can ask the court to waive the fee.

The petition has to be filed in the court where your case was concluded. From the day you file, the typical timeline runs about 90 days. The State’s Attorney has 30 days to file an objection. The judge usually rules in the next 30 days if no objection comes in. Agencies that hold your records then have up to 60 days after the order to remove them from public view. Some cases finish faster. Others take longer when the State’s Attorney objects or asks for a hearing.

Mistakes That Can Delay or Deny Your Petition

Filing too early is one of the most common reasons for denial. If the waiting period has not passed, your request may be rejected outright. The same is true if other disqualifying offenses exist on your record. Another frequent error is using the wrong form or filing in the wrong jurisdiction.

There is also Maryland’s unit rule. If you were charged with several offenses based on the same incident, you generally cannot expunge any of them unless every charge in that “unit” is eligible. For cases involving theft or burglary charges, that distinction matters because some related offenses are eligible while others are not. One ineligible charge can block the whole case. Working with a Charles County expungement lawyer who has filed petitions in the local courthouse helps you spot these issues early.

Why Choose The Law Office of Robert R. Castro

The Law Office of Robert R. Castro has handled Maryland expungements since 1993. Our office is at 11701 Central Avenue, Suite 200 in Waldorf, MD. We take expungement cases in Charles County, Calvert County, St. Mary’s County, Prince George’s County, and Washington D.C. We file petitions in District Court and Circuit Court depending on where your original case was heard. To learn more about the firm and our broader Maryland and D.C. legal services, visit our homepage.

Attorney Robert Castro earned his Juris Doctor from the Catholic University of America, School of Law in 1991, and his Bachelor of Science from Frostburg State University in 1988. He has been licensed to practice law in Maryland since 1993 and in the District of Columbia since 2014. He is Martindale-Hubbell Peer Review-Rated. Over more than three decades of practice in southern Maryland, he has represented clients in over 10,000 criminal cases. The firm carries a 4.9-star Google rating, and we give every client an honest, plain-language assessment of what is and isn’t possible with their record before we ever file.

Frequently Asked Questions

How long does the expungement process take in Maryland?

The standard timeline is about 90 days from the date you file your petition. The State’s Attorney has 30 days to object. The judge typically rules within the next 30 days. The agencies holding your records have up to 60 days after the order to remove them.

Do I have to go to court for an expungement hearing?

Not always. Most expungement petitions are decided on paper. A judge will usually only schedule a hearing if the State’s Attorney files an objection. A hearing may also be set if the petition raises questions the court wants to clarify.

Can I expunge a conviction in Maryland?

Sometimes. Maryland Code, Criminal Procedure § 10-110 lists the convictions that can be expunged. The list includes second-degree assault, common-law battery, some theft and burglary offenses, certain controlled-substance offenses, and a defined list of misdemeanors. Waiting periods range from 5 to 10 years after completion of sentence, depending on the offense.

Is there a filing fee for expungement?

There is no fee for cases that ended in acquittal, dismissal, probation before judgment, nolle prosequi, stet, or not criminally responsible. Eligible guilty dispositions under Section 10-110 carry a $30 filing fee per case. The court can waive that fee for petitioners who can’t afford it.

Will my expunged record be deleted from everywhere?

The order requires the court, the police, and the Motor Vehicle Administration to remove the record from public access. Private background-check companies and federal databases are not bound by a state expungement order. Some old records may still surface in those systems.

Do you handle expungements in Charles County and Calvert County?

Yes. We file expungement petitions in the Charles County Circuit Court in La Plata, the Calvert County Circuit Court in Prince Frederick, and the St. Mary’s County Circuit Court in Leonardtown. We also file in District Court locations across southern Maryland.

Do I still have to disclose an expunged charge on job applications?

In most cases, no. Once a record is expunged, you can generally answer that you have not been charged with or convicted of the offense. Federal employers, some professional licensing boards, and certain security-clearance applications can still ask. Check the specific application carefully or talk to your lawyer first.

Talk to a Waldorf Expungement Lawyer Today

An old case that should have been cleared from public view can hold up a job offer, an apartment lease, or a professional license. Call The Law Office of Robert R. Castro at (301) 870-1200 or contact us online to schedule a case review. We will pull your case details, identify which statute applies, walk you through the timeline, and tell you honestly whether a petition makes sense. If it does, we handle the filing, the State’s Attorney service, and the agency follow-up.