Quick answer: Yes — a Maryland conviction for driving while suspended or revoked (Transp. § 16-303) or driving without a license (Transp. § 16-101) can be expunged. Both offenses are named on the eligibility list in Criminal Procedure § 10-110(a)(1)(xxvii), so the conviction itself comes off after a 5-year wait measured from the completion of your sentence. If the charge ended in a dismissal, nolle prosequi, acquittal, or probation before judgment (PBJ), you can move much faster under § 10-105. The one thing that sinks more of these petitions than anything else is the unit rule — read the callout below before you file.
I’m David Waranch, and I’ve handled thousands of Maryland traffic and license cases. Here is exactly how the two routes work for suspended-driving and no-license charges, what each one costs you in waiting time, and the single mistake that blocks otherwise-eligible cases.
Yes, the Conviction Itself Is Expungeable
Most Maryland traffic convictions cannot be expunged, so people are surprised to learn these two can. The reason is that the Legislature wrote them into the statute by name. Md. Code, Crim. Proc. § 10-110 lists the convictions a court may clear, and subsection (a)(1)(xxvii) points directly to “§ 16-101 or § 16-303 of the Transportation Article.” That is driving without a license and driving while suspended or revoked. Because both are jailable offenses, a conviction creates a real criminal record on Maryland Judiciary Case Search — and § 10-110 is the tool that clears it.
Contrast that with a reckless driving conviction, which is not on the § 10-110 list and generally cannot be expunged once it becomes a conviction. If you want the full catalog of what qualifies, see Maryland convictions you can expunge.
The Five-Year Wait and When the Clock Really Starts
For a § 16-303 or § 16-101 conviction, the general waiting period in § 10-110(c)(1) applies: 5 years, measured from the completion of your sentence. No shorter special period exists for these two offenses, and § 10-110 contains no early-filing or good-cause escape hatch — the ladder is the ladder.
The trap is the word “completion.” Under Crim. Proc. § 10-101(c), completion of the sentence includes any period of probation, parole, or mandatory supervision. So if you got 60 days suspended plus two years of probation, your five-year clock does not start on the day of sentencing — it starts when that probation ends. And under § 10-110(d)(1), a new conviction during the waiting period disqualifies the original one, so stay clean while you wait.
| How the charge ended | Governing route | Waiting period |
|---|---|---|
| Guilty / conviction (§ 16-303 or § 16-101) | § 10-110 | 5 years after completion of the sentence, including probation |
| Dismissal, nolle prosequi, or acquittal | § 10-105 | 3 years — or immediately with a written general waiver and release of tort claims |
| Probation before judgment (PBJ) | § 10-105 | Later of: discharge from probation, or 3 years after probation was granted |
| Stet docket | § 10-105 | 3 years |
| Expired-license citation (§ 16-115(g)) | Not applicable | Payable citation, no criminal record to expunge |
Faster Routes If You Were Never Convicted
If your suspended-driving or no-license charge did not end in a conviction, you do not wait five years. Crim. Proc. § 10-105 reaches Transportation Article charges for which a term of imprisonment may be imposed — exactly these offenses — and it moves quickly. After a dismissal, nolle prosequi, or acquittal, you can file after 3 years, or immediately if you sign a written general waiver and release of all tort claims arising from the charge.
A PBJ is different, and the timing surprises people. Under § 10-105(c)(2)(i) you can expunge a PBJ at the later of your discharge from probation or 3 years after the probation was granted — not three years after it ends. There is a hard three-year floor from the grant date, so ending an 18-month probation early buys you nothing; it only helps on a longer term. This is the kind of planning where getting the disposition right up front matters most, and it is worth reading how early expungement works before you agree to any resolution. One caution: the § 10-105 PBJ math does not apply to DUI — a PBJ for Transp. § 21-902(a) or (b) waits 15 years, and some DUI dispositions cannot be expunged at all.
The Unit Rule Can Sink the Whole Case
This is where eligible cases die. Under Crim. Proc. § 10-107, every charge arising from the same incident is treated as a single unit, and if one charge in the unit is not eligible, you cannot expunge any charge in that unit. The carve-out for “minor traffic violations” is narrower than it sounds: § 10-101(h) defines a minor traffic violation as a nonincarcerable Vehicle Law offense. Because § 16-303 and § 16-101 are jailable, they are not minor — they join the unit and can drag other charges down, or be dragged down by one.
Myth: “My suspended-driving charge is on the eligible list, so it will get expunged.” Not on its own. One ineligible charge from the same arrest — an unexpungeable conviction, or an open charge — blocks expungement of the entire unit, including your otherwise-qualifying § 16-303 or § 16-101 charge. Always check every charge from the incident, not just the one you want cleared.
What Expungement Does Not Touch
Expungement clears court and criminal records — it does not reach your MVA driving record. A § 16-303 conviction that comes off Case Search can still show as a Vehicle Law conviction on your driving record, which the MVA maintains on its own schedule. That distinction trips up a lot of people, so I explain it in full on driving record vs. criminal record. If you are still fighting the underlying charge, start with driving while suspended in Maryland, the penalties for a suspended or revoked license, or our Maryland driving-without-a-license defense.
One last clarification: an expired-license citation under § 16-115(g) is a payable, non-criminal matter that lives only on your driving record — there is no criminal charge to expunge. Note that simply paying any payable citation is a guilty plea that creates a conviction, so if a charge might qualify for a non-conviction disposition, do not pay it without advice. For more on the whole system, see the expungement knowledge hub.
Five years after you complete the sentence. Under Crim. Proc. section 10-110(c)(1) the general waiting period is 5 years, and completion of the sentence includes any probation or parole, so the clock starts when your probation ends, not on the sentencing date.
Yes, if it did not end in a conviction. A dismissal, nolle prosequi, or acquittal can be expunged after 3 years, or immediately with a written general waiver and release of tort claims. A PBJ can be expunged at the later of your discharge from probation or 3 years after probation was granted.
Most often it is the unit rule. Under Crim. Proc. section 10-107, charges from the same incident are a unit, and if one charge is not eligible, none of them can be expunged. A jailable charge like section 16-303 or section 16-101 is not a minor traffic violation, so it stays in the unit and can be blocked by another ineligible charge.
Law Offices of David R. Waranch — 301-563-9575 · toll-free 1-877-566-2408. Hablamos Español.
Last updated: August 2026. Statutory references: Md. Code, Crim. Proc. §§ 10-101, 10-105, 10-107, 10-110; Md. Code, Transp. §§ 16-101, 16-115, 16-303, 21-902. This page is general information about Maryland law, not legal advice, and reading it does not create an attorney-client relationship.