Having fun at a party is fun and all, but not when you get a DUI because you go overboard with “Fun.” Many don’t even know this, but each year, there are quite a few who receive a DUI. According to the US Drug Test, around 1 Million people per year get charged with driving under the influence. That’s a lot of people with access to cars and alcohol, yikes. But no worries because if you live in Maryland, you can get it expunged. This is why we’re going to guide you through the steps on how to get a DUI expunged.
Here are the topics we’ll cover today,
- Steps on how to get a DUI expunged in Maryland
- Which is the best law firm to help out in expunging a DUI
With that said, let’s start by going over each of the steps.
Steps on How to Get a DUI Expunged in Maryland
When you want to expunge your DUI in Maryland, it’s important to consult a DUI lawyer who can better guide you through the process. For that, you should check out Scheuerman Law, but more on that later.
1. Determine Eligibility for Expungement
As of October 1, 2024, Maryland law allows for the expungement of DUI and DWI charges under specific circumstances, primarily if you received a Probation Before Judgment (PBJ) for a DUI or DWI offense.
To be eligible, you must meet the following conditions:
- At least 15 years have passed since you completed probation for the DUI or DWI PBJ (Probation Before Judgement).
- You have not been convicted of any new criminal offenses (other than minor traffic violations) during that 15-year period.
- You have not received another PBJ for a DUI or DWI violation in those 15 years.
If your DUI case resulted in an acquittal, dismissal, nolle prosequi, or stet (case placed on inactive docket), you may be eligible for expungement without the 15-year waiting period.
2. Gather Necessary Documentation
Collect all court records related to your DUI case, including the PBJ order, proof of completion of probation, and any documentation showing compliance with court-ordered conditions.
Obtain a certified copy of your criminal record to confirm there have been no disqualifying convictions since your PBJ.
3. Prepare and File a Petition for Expungement
Complete the expungement petition form, available from the Maryland courts or online through the Maryland Judiciary website.
Clearly state in your petition that you are seeking to get a DUI expunged and provide all supporting documentation regarding your eligibility.
File the petition with the court that handled your original DUI case. There is a $30 filing fee per case, payable to the court clerk.
4. Serve Notice to the State’s Attorney
After filing, serve a copy of your petition to the State’s Attorney’s Office in the jurisdiction where your DUI was prosecuted. The State’s Attorney has the right to object to your petition.
5. Respond to Any Objections and Attend a Hearing (if required)
If the State’s Attorney objects, the court may schedule a hearing. Be prepared to present evidence and arguments on why you meet the requirements for how to get a DUI expunged.
If there is no objection, or if the court overrules any objections, the judge will decide on your petition.
6. Court Decision and Expungement Order
If the court grants your petition, it will issue an order to expunge your DUI record from court and law enforcement databases.
The expungement process typically takes up to 90 days after the order is signed.
7. Confirm Expungement Completion
After the court order, confirm with the court and relevant agencies that your record has been expunged. This step is essential to ensure that your DUI no longer appears on background checks in Maryland.
TL;DR
Here are some important notes on how to get a DUI expunged.
- How to get a DUI expunged in Maryland is highly dependent on your case’s outcome and your compliance with all legal requirements over the 15-year waiting period.
- Suppose your DUI case ended in a conviction (not PBJ). In that case, Maryland law generally does not allow expungement, except in rare circumstances where the charge was dismissed, acquitted, or otherwise not prosecuted.
- For those seeking how to get a DUI expunged, consulting with an attorney experienced in Maryland expungement law is strongly recommended to ensure your petition is properly prepared and filed.
| Step | Description |
| Determine Eligibility | 15 years post-PBJ, no new convictions, no subsequent DUI/DWI PBJ |
| Gather Documentation | Court records, proof of probation completion, criminal record |
| File Petition | Submit an expungement petition to the court, pay a $30 fee |
| Serve State’s Attorney | Provide a copy of the petition to the prosecutor |
| Hearing (if needed) | Attend and present your case if the State’s Attorney objects |
| Court Decision | Judge grants or denies expungement |
| Confirm Expungement | Ensure all records are updated and removed |
If you follow these steps on how to get a DUI expunged, you can significantly improve your chances of clearing your record and moving forward.
Which Is the Best Law Firm to Help Out in Expunging a DUI
Now that you’re aware of the steps on how to get a DUI expunged, it’s advised to go through the entire process with an experienced law firm, which is where we come in. No matter if you’re looking to expunge a DUI or simply it’s your first DUI, at Scheuerman Law, we understand how important it is to clear your record and move on with your life.
DUI charges can have lasting effects, but with the right legal guidance, you can expunge those records and start fresh. Our team is dedicated to making the expungement process as smooth and successful as possible. Here’s why Scheuerman Law is the best law firm to help you expunge your DUI:
- Experienced DUI Attorneys: Our team specializes in DUI expungement and has years of experience navigating Maryland’s legal system.
- Personalized Approach: We treat each case with the attention it deserves, providing you with tailored advice and representation.
- In-Depth Knowledge of Maryland Law: We stay up to date with the latest changes in DUI expungement laws, ensuring your case is handled in compliance with current regulations.
- Proven Success: We’ve helped numerous clients successfully expunge their DUI records, giving them a chance to move forward without the burden of a criminal record.
- Compassionate Support: We understand the stress that comes with a DUI charge and are here to offer empathetic, responsive support throughout the process.
So, if you or your loved one wants to expunge a DUI charge, let Scheuerman Law help you clear your record and take the first step toward a brighter future. The sooner you reach out, the better your chances of building a strong case. Contact us today at 443-888-2062 to schedule a free appointment.
