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In Maryland, a DUI conviction carries more than immediate consequences—it can leave a lasting mark on your legal and personal history. One of the most common questions people ask after dealing with a DUI case is whether there’s any way to remove it from their record. Can it be expunged? Can it be sealed? What does Maryland law actually allow?
This blog post will walk you through the facts about DUI expungement and record sealing in Maryland. It explains the differences between criminal records and driving records, the rules around clearing or restricting access to these records, and whether options like Probation Before Judgment (PBJ) change the outcome.
Understanding the rules ahead of time can help you know what to expect after a DUI case is resolved. If you’re wondering whether it’s possible to move on without that mark following you, this post will provide the clarity you need.
Maryland’s Expungement Laws and DUI Convictions
Maryland law is clear: DUI convictions are not eligible for expungement. Unlike some other types of charges or infractions, a conviction for driving under the influence is permanently recorded on your criminal history.
Expungement in Maryland is a legal process that allows certain criminal charges or case outcomes to be removed from public records. Once expunged, the record is no longer visible to employers, landlords, or background check agencies.
However, the state’s expungement statute specifically excludes DUI and DWI convictions from being eligible—regardless of how much time has passed or whether you have remained offense-free.
This means that if you were convicted of DUI in Maryland, the offense will stay on your criminal record indefinitely. There is no process to seal or erase it under current law.
Can Charges Be Expunged If You Weren’t Convicted?
While convictions cannot be expunged, there are some scenarios where DUI charges (not convictions) may be eligible for removal.
You may qualify for expungement if:
- The DUI charge was dismissed
- You were found not guilty at trial
- The prosecution entered a nolle prosequi (chose not to prosecute)
- The court issued a stet (inactive status)
In these cases, you can typically request an expungement three years after the case resolution, although this waiting period can sometimes be waived for good cause.
It’s important to note that these expungement opportunities apply only when there was no conviction. If you were convicted of DUI—even once—you are not eligible under Maryland’s current laws.
What About Probation Before Judgment (PBJ)?
One exception that often causes confusion is Probation Before Judgment (PBJ). This is a legal option available to some first-time DUI offenders in Maryland. If granted PBJ, you are found guilty, but judgment is withheld, and you are placed on probation.
PBJ has benefits:
- It is not considered a conviction
- It can sometimes be expunged—but not for DUI
Maryland law prohibits the expungement of PBJ outcomes for DUI or DWI offenses. Even though it avoids a formal conviction on your criminal record, it still appears in background checks and remains part of your legal history.
So while PBJ may reduce the immediate consequences and offer more lenient treatment, it does not allow for record clearance in DUI cases.
Does Expungement Remove the DUI From My Driving Record?
Even if you’re eligible to expunge a dismissed DUI charge, that does not affect your driving record. In Maryland, the Maryland Motor Vehicle Administration (MVA) maintains separate driving records, which track all traffic violations, including DUI arrests and administrative actions.
The driving record:
- Is not cleared by criminal expungement
- May still reflect DUI-related actions like license suspension
- Remains visible to insurance companies and law enforcement
So even in cases where expungement is granted for the criminal record, the incident may still remain in the MVA’s records for 5–10 years or more, depending on the circumstances.
Why DUI Convictions Are Treated Differently in Maryland
DUI convictions are excluded from expungement in Maryland due to the public safety implications of impaired driving. The state has opted to treat DUI and DWI as serious offenses that require permanent tracking.
The rationale behind this policy includes:
- Deterring repeat offenses
- Allowing courts and the MVA to monitor prior infractions
- Ensuring accurate background checks for employment and licensing
While some states allow expungement of DUI convictions after a certain period, Maryland’s legal structure currently does not provide this relief. Reform discussions have occurred, but no changes have been made to expand eligibility to DUI convictions.
What You Can Do If a DUI Is on Your Record
If your DUI case resulted in a conviction and you’re not eligible for expungement, there are still steps you can take to minimize the long-term effects:
- Avoid repeat offenses: Future penalties are more severe if another DUI occurs.
- Maintain a clean driving record: This helps rebuild credibility with insurers and the MVA.
- Be transparent in job applications: Some employers are open to candidates with past offenses, especially if they’re disclosed upfront.
- Know your rights during background checks: Employers must get your permission before running a check, and you can request a copy.
While the offense won’t be removed, time, compliance, and transparency can help lessen its weight over the years.
Are There Any Legal Alternatives to Expungement?
Currently, there are no alternative legal mechanisms in Maryland to seal, hide, or mask a DUI conviction from your record. Unlike some states that offer “record sealing” or “set-aside” options, Maryland does not have an equivalent process for DUI convictions.
Your criminal record will continue to show:
- The charge
- The court’s ruling
- The sentencing outcome
And this record remains visible indefinitely. While discussions around expanding expungement laws have occurred, nothing has changed in the treatment of DUI offenses under state law as of now.
FAQ: DUI Expungement in Maryland
Can I expunge a DUI conviction in Maryland?
No. DUI convictions are not eligible for expungement in Maryland, regardless of how much time has passed.
Can I expunge a dismissed DUI charge?
Yes. If your DUI case was dismissed, dropped, or resulted in a not guilty verdict, you may be eligible to request expungement.
Does PBJ mean the DUI disappears?
No. PBJ for DUI still appears on your record and is not eligible for expungement in Maryland.
Will expungement remove the DUI from my driving record?
No. Driving records are maintained separately by the MVA and are not affected by criminal expungement.
Can DUI records ever be sealed or hidden?
Not in Maryland. There is currently no process to seal or conceal a DUI conviction from your permanent record.
Conclusion
In Maryland, a DUI conviction is a permanent part of your criminal record. The state does not allow expungement or sealing of DUI offenses—even for first-time offenders or after many years have passed. While dismissed charges may qualify for expungement, convictions and even PBJ outcomes remain public.
Understanding this policy is critical for anyone managing the long-term consequences of a DUI. It helps you set realistic expectations and take steps to mitigate the impact over time. While you can’t remove the offense, you can move forward with knowledge and preparation.
To explore the broader effects of DUI convictions, visit the DUI Records And Long Term Impact page. For more details about how long a DUI stays on your record, see our full guide: How Long a DUI Stays on Your Record.