Juvenile Record Expungement Checklist

For a court to order a juvenile record expungement, the judge must:

• Find that ANY ONE of the factors listed below in (A) has occurred;
• Find that EACH of the factors listed below in (B) has occurred; AND
• Consider each of the factors listed below in (C).

Read the Law: MD Code Ann., Courts & Judiciary Proceedings § 3-8A-27.1

A. Did ANY one of the following occur in your juvenile case?

1. The State’s Attorney entered a nolle prosequi; OR
2. The delinquency or Child in Need of Supervision petition was dismissed; OR
3. The court held an adjudicatory hearing and, in that hearing, did not find that the allegations in the delinquency petition, Child in Need of Supervision petition, or citation were true; OR
4. An adjudicatory hearing was not held within 2 years after the delinquency petition, Child in Need of Supervision petition, or citation was filed; OR
5. The court held a disposition hearing and, in that hearing, found that guidance, treatment, or rehabilitation was not required; OR
6. The court held a disposition hearing and, in that hearing, found that guidance, treatment, or rehabilitation was required.

Read the Law: MD Code Ann., Courts & Judiciary Proceedings § 3-8A-27.1(c)(1)

B. Is EACH of the following true?

1. You are at least 18 years old;
2. At least 2 years have passed since the last official action in your juvenile record;
3. You have never been adjudicated delinquent or you were only adjudicated delinquent one time;
4. You have not subsequently been convicted of any offense;
5. No delinquency petition or criminal charge is pending against you;
6. You have not been adjudicated delinquent for an offense that, if committed by an adult, would constitute:
   • A crime of violence (as defined in Md. Code, Criminal Law § 14-101); OR
   • A violation of Md. Code, Criminal Law § 3-308 (fourth degree sexual offense); OR
   • A felony (A "felony" is a crime which is generally more serious in nature.  A crime is a felony either because the Maryland General Assembly said the crime was a felony or because it has historically been considered to be a felony.);
7. You have not been required to register as a sex offender under Md. Code, Criminal Procedure § 11-704(c);
8. You have not been adjudicated delinquent for an offense involving the use of a firearm (defined in Md. Code, Public Safety § 5-101), in the commission of a crime of violence (defined in Md. Code, Criminal Law § 14-101); AND
9. You have fully paid any monetary restitution ordered by the court in the delinquency proceeding. 

Read the Law: MD Code Ann., Courts & Judiciary Proceedings § 3-8A-27.1(c)(2)-(9)

C. The court must consider EACH of the following:

1. Your best interests;
2. Your stability in the community; AND
3. The safety of the public.

Read the Law: MD Code Ann., Courts & Judiciary Proceedings § 3-8A-27.1(d)