Expungement is the action of the state to remove a police or court record of an individual from public view and inspection. Expungement may involve the relocation of the record to a secure area to prevent individuals who have no right to see the record from seeing it, or it may involve the destruction of the record altogether.

Under certain circumstances, Maryland law allows someone with a juvenile record of delinquency to seek expungement of that record. This includes:

• alleged delinquent
• Adjudicated delinquent
• Received a violation citation
• Require supervision

However, not everyone who has a juvenile record is eligible to petition for expungement. You must be at least 18 years old to petition to have your record cleared, at least two years must have passed since the last official action in the case.

The grounds for expungement of a juvenile’s record in Maryland

There are three categories of grounds that must be addressed in the expungement of a juvenile record. Per the checklist provided by the People’s Law Library of Maryland:

Did ANY one (1) of the following occur in the juvenile case?

1. 1. The State’s Attorney entered a nolle prosequi;
   2. The delinquency or child in need of supervision (CINS) petition was dismissed;
   3. The court held an adjudicatory hearing and in that hearing, did not find that the allegations in the delinquency petition, CINS petition or citation were true;
   4. An adjudicatory hearing was not held within two (2) years after the delinquency petition, CINS petition or citation was filed;
   5. The Court held a disposition hearing and in that hearing, found that the juvenile did not require guidance, treatment or rehabilitation; or
   6. The Court held a disposition hearing and in that hearing, found that the juvenile did require guidance, treatment or rehabilitation.

Is EACH of the following true about the person who filed the juvenile record expungement petition (petitioner)?

1. 1. The petitioner is at least 18 years old;
   2. At least two (2) years have passed since the last official action in the petitioner’s juvenile record;
   3. The petitioner has never been adjudicated delinquent or was only adjudicated delinquent one (1) time;
   4. The petitioner has not subsequently been convicted of any offense;
   5. No delinquency petition or criminal charge is pending against the petitioner;
   6. The petitioner has not been adjudicated delinquent for an offense that, if committed by an adult, would constitute:

• • • A crime of violence;
    • A fourth degree sexual offense; or
    • A felony;

1. 7. The petitioner has not been required to register as a sex offender under Maryland;
   8. The petitioner has not been adjudicated delinquent for an offense involving the use of a firearm in the commission of a crime of violence; and
   9. The petitioner has fully paid any monetary restitution ordered by the Court in the delinquency proceeding.

The Court must consider EACH of the following:

1. 1. The petitioner’s best interests;
   2. The petitioner’s stability in the community; and
   3. The safety of the public

How can I help my adult child get his or her juvenile record expunged?

The best thing you can do to help your child is encourage him or her to use legal counsel. This checklist makes the expungement process look simple, but it rarely is. Victims and their families will be informed if your adult child seeks expungement, and may file objections with the court. If this happens, the law requires that the Court hold a hearing. It is in your child’s best interest to have legal representation for that hearing, just as it is in his/her best interest to let a lawyer handle the petition on his or her behalf as well.

At Carey Law Office, we believe in second chances and clean slates. We do not think you should be forced to pay for a mistake you made in your youth for the rest of your life. If you are seeking an expungement of a juvenile record, contact our firm in Bowie or Crofton at 301.464.2500 or complete our contact form. We represent clients throughout the state.