A DUI (Driving Under the Influence) conviction can have lasting consequences on your life. It may affect your ability to secure employment, rent an apartment, or even maintain professional licenses. If you’ve been convicted of a DUI in Maryland, you might be wondering, “Can a DUI be expunged from my record?” At Hyatt & Goldbloom, a Baltimore-based criminal defense law firm, we receive this question often. While the answer may not be as clear-cut as you’d like, Maryland law does provide avenues for addressing a DUI on your record.
Below, we’ll explore how DUI expungements work in Maryland, who may qualify, and what steps you can take to minimize the impact of a DUI on your future.
Understanding DUI Expungement in Maryland
Expungement refers to the legal process through which a criminal record is either wiped clean or sealed, making it inaccessible to potential employers, landlords, and most institutions. However, Maryland has specific rules around expunging DUI records that may not be as lenient as those in other states.
Is DUI Expungement Allowed?
Maryland is notorious for its tough stance on DUI cases. Under Maryland law, if you’re convicted of a DUI, that conviction cannot be expunged. DUI convictions, as well as DWI (Driving While Impaired) convictions, are treated as permanent criminal offenses and remain on your record indefinitely. The reasoning behind this is that DUI offenses are considered significant public safety issues, and lawmakers aim to maintain a record to deter repeat offenses.
What About Cases Without a DUI Conviction?
While a DUI conviction cannot be expunged, not every DUI case leads to a conviction. If your case was resolved without a conviction, such as through acquittal, dismissal, or a nolle prosequi (prosecution declined), it may be eligible for expungement. For instance:
- Acquittals or “not guilty” verdicts are automatically eligible for expungement.
- Cases dismissed or not prosecuted (nolle prosequi) are also eligible for expungement.
Additionally, DUI charges resolved via the use of probation before judgment (PBJ) may be eligible for protection under Maryland law. However, even PBJ cases have strict guidelines, which we’ll address below.
What Is Probation Before Judgment (PBJ)?
For first-time DUI offenders in Maryland, PBJ is often a favorable outcome. It allows defendants to plead guilty but avoid a formal conviction as long as they comply with probation terms (e.g., attending alcohol education programs or refraining from reoffending for a defined period).
The good news? A DUI settled through PBJ does not appear as a conviction on your criminal record. The bad news? While some PBJ cases may be shielded from public view, they are generally not eligible for expungement either. Maryland law is strict—PBJ records from DUI cases cannot be wiped entirely, but they may not have the same negative impact as a formal conviction.
If you’re unsure about whether PBJ applies to your case, Hyatt & Goldbloom can evaluate your legal options.
Long-Term Impact of a DUI on Your Record
While your ability to expunge a DUI in Maryland is limited, understanding its long-term consequences can help explain why pursuing legal representation is so critical. Having a DUI on your record can:
- Harm Job Opportunities: Employers may deny applicants with DUI histories, particularly in roles requiring driving or security clearance.
- Increase Insurance Costs: Auto insurance premiums often skyrocket after a DUI, and insurance companies may label you as a “high-risk” driver.
- Impact Driving Records: A DUI conviction stays on your Maryland driving record for five years and is a “must-report” offense for auto insurers. Accumulated offenses may lead to a license suspension.
- Damage Reputation: DUIs carry a certain stigma that can harm personal relationships and professional standing.
Alternatives to Expungement for Mitigating DUI Impact
If you’re unable to expunge your DUI in Maryland, there are still steps you can take to minimize its impact on your future. Here are some potential options:
1. Seek Post-Conviction Relief
Post-conviction relief, such as appealing your case or filing for a modification of your sentence, may provide you with opportunities to lessen the consequences of a DUI. For example, a strong legal argument or new evidence could change the outcome of your case, potentially leading to a dismissal or lesser charge.
2. Request for Shielding of Public Records
Maryland’s Second Chance Act allows for shielding certain non-violent misdemeanor records from public view after three years. Though DUIs are not included in this program, it’s worth reviewing other related charges that may complicate your record and seeking help shielding them.
3. Negotiate Lesser Charges During Sentencing
If you received a DUI charge but have not yet been convicted, an experienced attorney may help you negotiate a plea deal to have the charge reduced to a lesser offense, such as reckless driving. Reckless driving convictions carry fewer consequences and may be eligible for expungement.
4. Rehabilitate Your Image
While the legal avenues may be limited, youAn error occurred during generation. Please try again or contact support if it continues. Get involved in community service, volunteer work, and other positive activities that showcase your character and commitment to making amends for past mistakes.
5. Communication is Key
When it comes to disclosing your DUI on a job application or rental application, honesty is always the best policy. Be prepared to explain the circumstances surrounding your conviction and demonstrate how you have taken responsibility and made efforts towards personal growth since then. This level of transparency may help mitigate any concerns about your record.
Contact Our Maryland Expungement Lawyers Today
Although expungement is not always an option for DUIs in Maryland, there are still ways to minimize its impact on your future. From seeking legal counsel to rehabilitate your image and maintaining open communication, taking proactive steps can help you overcome this hurdle and move forward toward a brighter future. Remember, everyone makes mistakes, but it’s how we learn from them that truly matters.
