Can a DUI be expunged in Maryland? Does the state of MD permit DUI expungements if there is PBJ?

Asked over 3 years ago - Frederick, MD

I know states differ in their requirements for qualifying for an expungement of your record and I want to know if you can get a DUI expunged in Maryland--does the state ever allow it. The court made a decision of PBJ probation before judgement; the probation ends Oct 20, 2011. When would I need to take action to have the record cleared/expunged?

Attorney answers (3)

  1. Gregory Michael Kline

    Contributor Level 8

    2

    Lawyers agree

    Answered . Regarding your question of whether a DUI can be expunged in Maryland, the answer is no because you got a PBJ.

    The statute in Maryland regarding expungement (Md. Ann. Code, Crim. Proc. Art. 10-105(a)(3)) expressly excludes drunk driving charges (Md. Ann. Code, Transportation Article 21-902) where a PBJ is received. DUI charges cannot be expunged.

    This statute outlines when and how an expugement may be received on other eligible charges.

  2. Bruce Michael Robinson

    Pro

    Contributor Level 9

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    Lawyer agrees

    1

    Answered . No, PBJ for DUI means that your DUI cannot be expunged. The statute on same does not permit it and the reason is because the State wants to know if you have had a prior "bite at the apple" in case you happen to get another DUI infraction down the road. Sometimes if a DUI charge is amended to a lesser offense like negligent driving, you may be able to get it expunged, but even that can be tricky.

  3. Keith R Havens

    Pro

    Contributor Level 15

    1

    Lawyer agrees

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    Answered . If you received a probation before judgment on a driving under the influence charge, you will not be eligible for expungement of the charges. If you received a probation before judgment on a different change you will have to wait until the later of 3 years after the entry of the probation before judgment or expiration of the probation.

    You should consult with an attorney to determine whether you qualify for an expungement.

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