Quick answer: In Maryland, a reckless-driving conviction under Transp. § 21-901.1 generally cannot be expunged. It is not on the list of expungeable convictions in Crim. Proc. § 10-110, so once it is a conviction on your record, it stays. A non-conviction disposition is different: a probation before judgment (PBJ), dismissal, nolle prosequi, or acquittal on a reckless charge is expungeable under Crim. Proc. § 10-105. The outcome you negotiate up front is what decides whether the charge can ever come off your record.
I’m David Waranch, and I’ve handled thousands of Maryland traffic cases. This is one of the places where the result you fight for at the start matters far more than anything you can do years later.
Why a Reckless-Driving Conviction Can’t Be Expunged
Maryland expungement works from a list. Crim. Proc. § 10-110 spells out exactly which convictions can be cleared, and from the Transportation Article it names only two: § 16-101 (driving without a license) and § 16-303 (driving while suspended or revoked). Reckless driving under Transp. § 21-901.1 is not on that list, and § 10-110 contains no good-cause or early-filing escape hatch. If reckless driving becomes a conviction, there is no statutory path to expunge it.
That is the opposite of what many people assume. A conviction is not something you can quietly clean up after a few clean years, the way you can with a dismissed case. For a fuller picture of which convictions Maryland law does let you clear, see the convictions you can expunge.
The Non-Conviction Routes That Can Be Cleared
Because reckless driving is a jailable offense, it falls within Crim. Proc. § 10-105, which reaches Transportation Article charges “for which a term of imprisonment may be imposed.” That statute governs non-conviction outcomes, and each has its own waiting period:
| Disposition on the reckless charge | Can it be expunged? | When |
|---|---|---|
| Conviction (§ 21-901.1) | No | Not on the § 10-110 list — no path |
| Probation before judgment (PBJ) | Yes (§ 10-105) | Later of discharge from probation, or 3 years after probation was granted |
| Dismissal or nolle prosequi | Yes (§ 10-105) | 3 years, or immediately with a written waiver of tort claims |
| Acquittal (not guilty) | Yes (§ 10-105) | 3 years, or immediately with a written waiver of tort claims |
| Reduced to negligent driving (payable) | Not applicable | Not a criminal charge — driving-record only |
Two details trip people up. First, a PBJ is not a conviction, but its clock is unusual: you can file at the later of your discharge from probation or three years after the PBJ was granted. That is a hard three-year floor from the grant date, so ending an 18-month probation early buys you nothing on the expungement timeline. Second, a dismissal, nolle prosequi, or acquittal can be expunged immediately if you file a written general waiver and release of any tort claims arising from the charge — otherwise you wait three years.
The Defense Hook: Keep It From Becoming a Conviction
All of this points to one strategy: the goal is to avoid a conviction in the first place, because that is the only version of a reckless-driving outcome that can never be cleared. In practice that means fighting for a dismissal, an acquittal, a PBJ, or a reduction of reckless driving down to negligent driving — a payable, non-criminal citation. Each of those keeps the door to a clean record open; a conviction slams it shut.
It also helps to know how the charge is even framed. Reckless and aggressive driving are not the same thing, and the difference between reckless and aggressive driving can change what a prosecutor is willing to reduce. If a PBJ is on the table, it is worth understanding the limits — including whether you can get a PBJ twice — before you accept one.
Myth: “A reckless-driving conviction can just be expunged later.” It can’t. A conviction under § 21-901.1 is not on the § 10-110 list, and there is no good-cause exception for convictions. What actually preserves your ability to clear the charge is keeping it from becoming a conviction in the first place — a PBJ, a dismissal, or a reduction to negligent driving. Decide that up front, not years later.
The Unit Rule: One Bad Charge Can Block Everything
Even a favorable reckless-driving disposition can be dragged down by the charges next to it. Under Crim. Proc. § 10-107, charges arising from the same incident are treated as a single unit, and if any one charge in the unit is not eligible for expungement, none of them can be expunged. Minor traffic violations — nonjailable citations like speeding or equipment — are carved out and don’t count against the unit. But jailable companions do count. So if your reckless case came with, say, a related charge that ended in a conviction, that conviction can freeze the whole unit in place. This is why the full arrest, not just the reckless count, has to be handled with expungement in mind.
Contrast: Driving While Suspended Can Be Expunged as a Conviction
It is worth seeing why reckless driving is treated differently from a charge that looks similar in severity. A driving while suspended conviction under § 16-303 is on the § 10-110 list, so it can be expunged five years after the sentence is complete even as a conviction. Reckless driving simply isn’t listed, which is the entire reason the conviction route is closed for it. It is a reminder that expungement eligibility turns on the specific statute you’re convicted under, not on how serious the offense feels.
One more distinction that saves a lot of confusion: expungement clears court and criminal records, not your MVA file. Points and driving-record entries follow the MVA’s own rules and age off separately — the driving record versus criminal record split explains where each entry lives. If you want to understand the timing options generally, my overview of early expungement and the expungement knowledge hub are good next reads.
Generally no. Reckless driving under Transp. Section 21-901.1 is not on the list of expungeable convictions in Crim. Proc. Section 10-110, and there is no good-cause exception for convictions, so a reckless-driving conviction cannot be expunged.
Yes. A probation before judgment is a non-conviction disposition and can be expunged under Crim. Proc. Section 10-105. You can file at the later of your discharge from probation or three years after the PBJ was granted.
No. Expungement clears court and criminal records, not your MVA driving record. Driving-record entries and points follow the MVA’s own schedule, and points age off after two years.
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, Transp. § 21-901.1; Transp. § 16-303; Transp. § 16-101; Crim. Proc. § 10-105; Crim. Proc. § 10-107; Crim. Proc. § 10-110. This page is general information about Maryland law, not legal advice, and reading it does not create an attorney-client relationship.