Probation Before Judgment (PBJ) Expungement in Maryland: Timelines and Eligibility

Understanding Probation Before Judgment in Maryland

Getting charged with a crime in cities like Baltimore, Annapolis, or Frederick is a terrifying experience. Fortunately, Maryland law provides a second chance for many first-time offenders through a disposition known as Probation Before Judgment (PBJ). When a judge grants you a PBJ, you plead guilty, but the court strikes the guilty finding and places you on probation instead. If you successfully complete your probation, you are legally not convicted of the crime. This protects your employment, housing, and voting rights.

However, many people mistakenly believe that once probation is over, the charge magically vanishes. This is a massive misconception. A PBJ stays permanently visible on Maryland Case Search for any employer or landlord to see until you file a formal petition to expunge it. Under Md. Code Ann., Crim. Proc. § 10-105, you have the legal right to clear a PBJ, but you must navigate strict timelines and specific exclusions. If you need help clearing your name, finding an experienced expungement lawyer from our national directory is a smart first step.

The Strict 3-Year Waiting Period

You cannot expunge a PBJ immediately after leaving the courthouse. Under Md. Code Ann., Crim. Proc. § 10-105(c)(2)(i), Maryland law enforces a strict waiting period. A petition may not be filed earlier than the later of two events: the date you are discharged from probation, or 3 years after the PBJ was granted. For example, if your probation lasted two years, you can petition for expungement exactly 3 years after your PBJ was entered (just one year after completing probation). Filing your paperwork even one day early in a court like the District Court for Baltimore City, Baltimore will result in an automatic denial.

Why DUI/DWI PBJs Require a 15-Year Waiting Period

For years, Maryland enforced an absolute ban on expunging drunk driving dispositions. However, under Md. Code Ann., Crim. Proc. § 10-105(c)(2)(ii), individuals who received a PBJ for driving while under the influence of alcohol or driving while impaired by alcohol under Md. Code Ann., Transp. § 21-902(a) or Md. Code Ann., Transp. § 21-902(b) are eligible to petition for expungement after waiting 15 years from the date they were discharged from probation. To qualify, you must have completed probation without any subsequent criminal convictions (other than minor traffic violations) and received no new DUI or DWI dispositions. PBJs for drug-related driving offenses under transportation statutes remain strictly unexpungable.

Clearing a PBJ for Misdemeanor Assault vs. Theft

Not all PBJs are viewed equally by the courts. If you received a PBJ for misdemeanor theft or shoplifting, the expungement process is generally smooth after the 3-year wait. However, clearing a PBJ for Second-Degree Assault (especially domestic violence) can be more complicated. The court requires the prosecutor to notify the victim that you are attempting to expunge the record. If the victim files an objection, the judge at a venue like the District Court for Montgomery County, Rockville will hold a hearing to decide if expunging your record poses a risk to public safety.

How Probation Violations (VOP) Ruin Eligibility

A PBJ is a conditional gift from the judge. If you fail a drug test, miss appointments with your parole officer, or commit a new crime while on probation, you will face a Violation of Probation (VOP) hearing. If the judge finds you guilty of the VOP, they have the authority to strip away your PBJ and enter a formal guilty conviction on your record. Once a PBJ is converted to a guilty conviction, your expungement eligibility is completely destroyed, and you must follow the much longer 10-to-15 year waiting periods for standard convictions.

Step-by-Step Expungement Process

Clearing your record requires precise paperwork and adherence to court procedures.

Step 1: File the Correct Petition

You or your attorney must file Form CC-DC-CR-072A, Maryland, District Court, Petition for Expungement of Records (Acquittal, Dismissal, Probation Before Judgment, Nolle Prosequi, Stet). You must file this form in the exact court where your case was originally heard.

Step 2: Serve the State's Attorney

Once filed, a copy of your petition is sent to the local State's Attorney's Office. They have 30 days to review your file and either consent to the expungement or file an objection.

Step 3: Wait for the Judge's Order

If there is no objection, the judge will sign an Order of Expungement. The clerk then sends this order to all relevant state agencies, including the Department of Public Safety and Correctional Services, Baltimore, demanding they destroy your records.

Costs and Filing Fees

Under Maryland court rules, filing a petition to expunge a non-conviction disposition like a Probation Before Judgment (PBJ) is completely free ($0). The standard $30 court filing fee applies only to petitions seeking expungement of eligible guilty convictions under Form CC-DC-CR-072B, Maryland, District Court, Petition for Expungement of Records (Guilty Disposition). While submitting the petition incurs no court costs for a PBJ, hiring a Maryland criminal defense attorney to draft the documents, track the 30-day objection period, and attend any necessary hearings typically costs a flat fee ranging from $500 to $1,500.

Frequently Asked Questions (FAQ)