If you’ve been grappling with the weight of a past criminal record, it’s important to know you are not alone—and you are not without options. For many in Maryland, sealing or expunging a criminal record is a vital step toward reclaiming opportunities, resetting their reputation, and moving forward with their lives. But one of the most common questions we hear at Hyatt & Goldbloom, a trusted Baltimore criminal defense law firm, is, “How long does it take to seal a record in Maryland?”
This post outlines the timeline for record sealing, explaining the key steps involved, the factors that influence the process, and why working with experienced legal professionals can help expedite and simplify what can often feel like an overwhelming endeavor.
What Does It Mean to “Seal” a Record in Maryland?
Before we jump into timelines, it’s worth clarifying what “sealing” a record means. Record sealing restricts access to certain criminal records, preventing the general public—including employers, landlords, and institutions—from viewing them. However, the records are still accessible to certain authorized agencies (like law enforcement) under specific circumstances.
Depending on the situation, Maryland law may allow for certain cases to be either sealed or expunged. Expungement is a slightly different process that fully removes a criminal record from public view, essentially erasing it. Knowing which process applies to your case will directly impact how long it takes to resolve.
Since every situation is unique, your first step should always be consulting a knowledgeable attorney to confirm whether your circumstances are eligible for sealing or expungement under Maryland law.
Eligibility and Waiting Periods for Record Sealing in Maryland
A key factor in determining how long it takes to seal a record in Maryland is whether you meet the eligibility criteria and waiting periods specified under the state’s law. Maryland law clearly outlines which types of criminal charges and convictions may qualify for record sealing, as well as how much time must pass before you can file your petition.
What Can Be Sealed in Maryland?
Under the Maryland Second Chance Act and other statutes, eligible offenses may include:
- Certain non-violent misdemeanors
- Non-convictions (e.g., cases that were dismissed, nolle prossed, or ended with a not-guilty verdict)
- Charges resolved by probation without judgment (commonly known as PBJ)
Mandatory Waiting Periods
Once you’re sure that your charges meet Maryland’s eligibility criteria, the next element to consider is the waiting period required by law. The waiting period begins after the resolution of your case (or the completion of sentencing, probation, or any other required programs).
- Non-convictions (like dismissed charges or not-guilty verdicts): Eligible for expungement three years after the resolution of the case unless you file for early expungement.
- Probation Before Judgment (PBJ) charges: Typically eligible three years after your probation is successfully completed.
- Eligible misdemeanors under the Second Chance Act: Must wait 10 years from the date the sentence, including parole or probation, is completed.
These waiting periods are non-negotiable under Maryland law and play a significant role in the overall timeline for sealing a record. However, there may be exceptions or nuances to the law depending on the details of your case—a reason why consulting with a criminal defense attorney is so critical.
The Step-by-Step Process for Sealing a Record in Maryland
Now that you have a clearer idea of the eligibility factors and waiting periods, let’s break down the step-by-step process for filing and successfully completing a petition to seal a record in Maryland.
1. Determine Your Eligibility
This stage involves a careful review of your criminal history. It’s not uncommon for individuals to be unsure whether their records qualify for sealing or expungement. This is where the expertise of an attorney specializing in Maryland criminal law can make the process faster and easier.
2. Gather Necessary Documents
You’ll need specific documentation, including certified copies of court records, to support your petition. Acquiring these documents requires visiting or contacting the relevant courts, which can take several days to a few weeks.
3. File Your Petition
Once you’ve confirmed your eligibility and gathered the necessary documents, the next step is to file a petition for shielding (sealing) or expungement with the appropriate Maryland court. Filing involves completing legally required forms and paying a filing fee, which is typically nominal.
4. Await Review and Potential Objections
After your petition is submitted, the court will review it. This stage involves notifying relevant parties (such as law enforcement or the court system) about your petition, which grants them a specific window of time to submit objections. Generally, this step can add 30 to 90 days to the timeline.
5. Attend a Hearing (If Required)
While not all cases require a court hearing, some do—especially when objections are raised regarding your petition. During a hearing, a judge will evaluate whether all criteria for sealing have been met and will issue a decision. If no objections arise or if the judge approves your petition without requiring a hearing, this step could be omitted entirely, saving valuable time.
6. Court Decision and Record Update
Finally, once the court has approved your petition, the responsibility shifts to the relevant state and local agencies, which must update their records to comply with the court’s order. This can take several more weeks.
The process in total can range from a minimum of three months to over six months, depending on the specifics of your case, the court’s caseload, and whether any objections arise.
Factors That Can Influence the Timeline
While the sections above offer a rough framework for how long it typically takes to seal a record in Maryland, several factors could extend or shorten your timeline:
- The complexity of your case
- Errors in documentation or incomplete petitions
- Response times from courts or government agencies
- Whether objections are raised
- The court’s caseload and schedule
- Updates to local or state laws that affect record sealing procedures
It is essential to work with an experienced attorney who can guide you through the process, ensure all necessary documentation is submitted correctly, and advocate for your case in court if needed. With proper guidance and preparation, you may be able to seal your criminal record more quickly than expected.
Benefits of Sealing Your Criminal Record
Sealing a criminal record has numerous benefits that can positively impact your life. These include:
- Increased job opportunities: With a sealed record, you do not have to disclose your criminal history on job applications, giving you a better chance at securing
- Objections raised by law enforcement or other parties
It is important to note that each case is unique and the timeline for sealing a record can vary greatly. It is best to consult with a lawyer experienced in this area of law to get an accurate estimate for your specific case.
Contact Hyatt & Goldbloom Today
The process of sealing a criminal record in Maryland can be lengthy, but it offers individuals the chance to move on from past mistakes and pursue new opportunities. With careful preparation, understanding of the requirements, and potentially consulting with a legal professional, you can navigate the steps effectively and achieve a fresh start. Don’t let your criminal record hold you back any longer – take action today towards
