Step 1.  The petitioner files a petition for expungement.
Step 2.  The court has the petition served.
Step 3.  An objection, if any, is filed.
Step 4.  The court may hold a hearing.
Step 5.  The court makes a decision on the petition.
Step 6.  Appeal, if filed.
Step 7.  Expungement, if ordered.
Step 8.  Notice of Expungement.

Step 1:  The petitioner files a petition for expungement.

The petitioner is the person who files the petition. A petition is a formal, written request to the court. The person who wants their juvenile record expunged files a petition for expungement.

• Use Form JUV-11-506.1, which is available on the Maryland Courts website.
• File the petition in the court in which the juvenile petition or citation was filed. If your case was transferred, file the petition in the court where the case was transferred.

Read the Law: Md. Code, Courts and Judicial Proceedings § 3-8A-27.1

Read the Rule: Md. Rule 11-506

Step 2.  The court has the petition served.

The court must serve the petition for expungement on:

• each victim,
• each family member of the victim who is listed in the court record as having attended the juvenile court adjudication, and
• the State’s Attorney.

A "victim" is a person listed in the delinquency case as a person against whom a delinquent act was committed or attempted.

Read the Law: Md. Code, Courts and Judicial Proceedings § 3-8A-27.1(b)(2)

Read the Rule: Md. Rule 11-506(b), (d)

Step 3.  An objection, if any, is filed.

Each person served with the petition for expungement may file an objection to the petition.

The objection is filed in the same court in which the petition is filed. The objection sets out the reasons why the person objecting does not believe the petition should be granted.

Read the Law: Md. Code, Courts & Judicial Proceedings § 3-8A-27.1(e)(3)(i)

Read the Rule: Md. Rule 11-506(f)

Step 4.  The court may hold a hearing.

A hearing may be held, or not held, in accordance with the following requirements: 

• If the court finds that a petition, on its face, does not meet the grounds for expungement, the court may deny the petition for expungement without a hearing. 
• If an objection is filed within 30 days after the petition for expungement is served, the court must hold a hearing (unless the petition is denied because the court finds that it does not on its face meet the grounds for expungement). 
• The court may hold a hearing on its own initiative whether or not an objection is filed.
• If no objection is filed, the court may grant the petition without a hearing. 

Read the Law: Md. Code, Courts and Judicial Proceedings § 3-8A-27.1(e)

Read the Rule: Md. Rule 11-506(g)

Step 5.  The court makes a decision on the petition.

The court may grant the petition for expungement or deny the petition.

• If the court finds that the person is entitled to expungement, the court must order expungement of all court records and police records relating to the delinquency or child in need of supervision petition or the citation.
• If the court finds that the person is not entitled to expungement, the court must deny the petition.

Stay - If the court grants the expungement over the State's Attorney's objection, then the court order is stayed for 30 days after entry and thereafter if an appeal if timely filed, pending the appeal decision. A stay means that the court's expungement order does not go into effect. The court will lift the stay based on the appeal decision. If there is no appeal pending, then the court will lift the stay when the time to file a notice of appeal has expired. Once the stay has been lifted, the clerk will send notice to the parties and the custodian of records.

Read the Law: Md. Code, Courts and Judicial Proceedings § 3-8A-27.1(e)(3)(iii),(iv)

Read the Rule: Md. Rule 11-506(h), (k)

Step 6.  Appeal, if filed.

The petitioner or the State’s Attorney may file an appeal from the court’s decision to grant or deny the petition for expungement. To appeal, a notice of appeal must be filed with the clerk's office within 30 days after the entry of the court's order and served on the opposing parties/attorneys.

Read the Law: Md. Code, Courts and Judicial Proceedings § 3-8A-27.1(f)

Read the Rule: Md. Rule 11-506(j)

Step 7.  Expungement, if ordered.

Each custodian of juvenile records subject to the expungement order will expunge the records in accordance with the court order.

Read the Law: Md. Code, Courts and Judicial Proceedings § 3-8A-27.1(g)

Read the Rule: Md. Rule 11-506(l)

Step 8.  Notice of Expungement.

Each custodian of juvenile records subject to the expungement order must provide advise the court, the petitioner, and all parties to the petition for expungement proceeding of their compliance with the order. 

The custodian’s notice must be made within 60 days of entry of the court’s order and must be in writing. 

Form JUV 11-506.3 is the “Certificate of Compliance.” This form can be used to inform the court, petitioner, and parties of the expungement.

Read the Law: Md. Code Courts & Judicial Proceedings § 3-8A-27.1(g)

Read the Rule: Md. Rule 11-506(l)