What’s the Difference Between Expungement and Record Sealing in Maryland?

 Posted on January 28, 2026 in Expungement & Record Sealing

A criminal record can follow you for years, affecting your ability to get a job, a place to live, and even earn professional licenses. Even if your case was dismissed or you were found not guilty, the arrest and charges may still appear on background checks. 

Fortunately, Maryland law has two ways to clear criminal records: expungement and record sealing. Many people use the terms expungement and sealing interchangeably, but they are not the same thing under Maryland law. Each option has different eligibility requirements, different effects, and different processes. 

If you are considering trying to clear your criminal record in 2026, a Silver Spring criminal defense lawyer can help you determine which option is right for your situation.

What Is the Difference Between Expungement and Record Sealing?

Expungement and record sealing both restrict access to your criminal record, but they work in different ways. 

Expungement 

Expungement completely removes the record from public view and most government databases. When a record is expunged, it is as if the arrest or charge never happened. Police, courts, and employers cannot see expunged records during background checks. You can legally deny the arrest or charge ever occurred in most situations. Expungement is addressed under Maryland Criminal Procedure Code Section 10-105. 

Record Sealing

Record sealing, on the other hand, does not erase the record. Instead, it restricts who can access it. Sealed records stay in the system but are hidden from most public searches. Certain government agencies, law enforcement, and some employers in sensitive fields may still be able to view sealed records under specific circumstances. But a sealed record will not appear on a standard background check.

What Charges Are Eligible for Expungement in Maryland?

Not all criminal records can be expunged in Maryland. Eligibility depends on what happened with your case and the type of charge involved. Generally, you can seek expungement if your case resulted in an:

• Acquittal

• Dismissal

• Nolle prosequi (prosecutor declined to pursue charges)

• Probation before judgment for certain offenses

You may also be eligible for expungement if you were pardoned by the governor.

Expungement After Waiting Period

Certain convictions can be expunged after a waiting period. Misdemeanor convictions for nuisance crimes, certain drug possession offenses, and other minor offenses may qualify for expungement after you complete your sentence and wait the required amount of time. However, serious crimes such as violent felonies, sex offenses, and crimes involving children are generally not eligible for expungement.

Maryland law also allows expungement of records when charges were filed but the person was never served with a summons or warrant. Additionally, if you were arrested but no charges were filed within a certain time frame, you may be able to expunge the arrest record.

Waiting Periods for Expungement in Maryland

If you were convicted of a crime, you cannot immediately seek expungement. For most misdemeanor convictions that are eligible for expungement, you must wait at least three years from the date you completed your sentence. For more serious misdemeanors or specific drug-related offenses, longer waiting periods may apply.

The waiting period does not begin until you have fully completed all aspects of your sentence. If you were sentenced to probation, the clock does not start until your probation ends. If you owe restitution or fines, you have to pay those in full before the waiting period begins. 

How Does Record Sealing Work?

Maryland introduced record sealing as an option for people who do not qualify for full expungement but still want to limit access to their criminal records. Record sealing is available for certain convictions after a longer waiting period than expungement. For most misdemeanor convictions, you must wait at least seven years from the date you completed your sentence before you can petition for record sealing.

Sealed records remain in the court system and law enforcement databases, but they are shielded from public view. Employers conducting standard background checks will not see sealed records. However, government agencies and employers in fields such as law enforcement, childcare, and healthcare may still have access to sealed records when conducting more thorough background investigations.

Call a Silver Spring, MD Expungement and Record Sealing Attorney Today

Clearing your criminal record can open doors to better employment opportunities, housing options, and a fresh start. If you are considering expungement or record sealing in Maryland, our Montgomery County criminal defense lawyer can guide you through the process. 

We offer free consultations and are available 24/7 for calls from new clients. Our firm is fluent in Arabic and Spanish, and we are committed to helping you move forward. Call The Law Offices of Gerstenfield & Demirji, PC. at 301-589-9500 today.