If you were charged with a crime, you may be able to get the records, and related DNA samples, expunged or destroyed. When a record is “expunged” it is removed from public inspection. A DNA sample associated with a record is destroyed.
Read the Law: Md. Code, Criminal Procedure § 6-232 and Md. Code, Public Safety § 2-511
How do I get the records expunged and the samples destroyed?
To start the process, you have to file a petition in a court – generally this will be the court where your case began. For more information, see our article on filing a petition for expungement.
When should I file the petition for expungement?
The time for filing depends on how your case ended. Generally, you must wait 3 years after the completion of your sentence, including probation, parole or mandatory supervision, before you can file for expungement. Eligibility varies depending on a disposition of guilty, or other than guilty.
Unless the state objects within 30 days, the court will issue an order to expunge the records. If the state objects, the court will hold a hearing to decide if you are entitled to expungement. If the court orders expungement of the records, you should receive written confirmation that the records have been removed within 60 days.
Read the Law: Md. Code, Criminal Procedure § 10-105
Automatic Expungement
Your DNA samples and DNA records related to the criminal investigation/prosecution should be destroyed and expunged automatically in the following instances:
- You were not convicted
- Your conviction was reversed or vacated without a new trial
- You were granted an unconditional pardon
If a DNA sample was taken but not tested, the sample will be destroyed and expunged if:
- At least 2 years have passed since the sample was collected, and
- The sample failed to meet the requirements for testing.
Automatic expungement is NOT available if the action was put on the stet docket, you received probation before judgment, or the trial is still pending. You should receive written notice of expungement or destruction within 60 days.
Read the Law: Md. Code, Public Safety § 2-511