Quick answer: You expunge a Maryland record by filing a petition in the court where the case began, then waiting out two clocks — a 30-day objection window and a 60-day compliance period. If nobody objects, the court “shall pass an order,” and every custodian has 60 days to erase the record and confirm it in writing. That is where the informal “90 days” comes from: 30 plus 60. A contested petition instead goes to a hearing, and unpaid restitution can sink it. The filing fee is $30 for an eligible guilty conviction and nothing at all for a case that ended in acquittal, dismissal, PBJ, nolle prosequi, or stet.
I’m David Waranch, and I’ve handled thousands of Maryland traffic and criminal cases. Here is the process end to end — where you file, who can object, how long each stage takes, what it costs, and the one issue that quietly defeats otherwise-eligible petitions.
Where You File and What You File
Venue is fixed by statute, not by choice. Under Md. Code, Crim. Proc. § 10-110(b), you file the petition for expungement in the court where the proceeding began — the District Court if that is where your case was charged, the Circuit Court if it moved there, and the appellate court if the case was appealed. For most traffic matters, that means the District Court in the county where you got the citation or were arrested. Before you draft anything, confirm the exact disposition of every charge from that incident, because the route and the wait depend on it. Start with the Maryland expungement waiting periods so you know your case is actually ripe to file.
The petition itself uses the Judiciary’s standard form, lists the case number and charges, and states the ground for expungement. The clerk serves it on the State’s Attorney, and any victim entitled to notice is told as well. That service date is what starts the first clock.
The Timeline, Step by Step
Two statutory deadlines drive the whole process. First, the State’s Attorney or a victim has 30 days to object after the petition is served — § 10-110(e)(3) says that if no objection is filed in that window, the court “shall pass an order,” which is non-discretionary. Second, once the order is entered, § 10-110(h) gives every record custodian 60 days to comply and confirm the removal in writing. Add them and you get the commonly quoted “90 days” — but note that figure is not in the statute. It is simply 30 days of objection window plus 60 days of custodian compliance, and only if nobody objects and the court signs promptly.
| Step | What happens | Timeframe | Authority |
|---|---|---|---|
| 1. File | Petition filed in the court where the case began | Day 0 | § 10-110(b) |
| 2. Service | Clerk serves the State’s Attorney; any victim is notified | Days 1–30 | § 10-110(e)(3) |
| 3a. No objection | Court “shall pass an order” of expungement | After day 30 | § 10-110(e)(3) |
| 3b. Objection filed | Contested petition set for a hearing | Court schedules | § 10-110(f) |
| 4. Compliance | Each custodian removes the record and confirms in writing | Within 60 days of the order | § 10-110(h) |
| Total, unopposed | Petition to confirmed removal | ~90 days (30 + 60, not statutory) | — |
When Someone Objects: The Contested Hearing
If the State’s Attorney or a victim files a timely objection, the automatic path closes and the court must hold a hearing under § 10-110(f). At that hearing the judge makes findings on the record: that the conviction and the person are eligible, that expungement poses no risk to public safety, that any restitution is paid or the person is unable to pay, and that expungement is in the interest of justice. This is a real proceeding, not a rubber stamp, which is why the disposition history and any open obligations matter so much. If your case involves a conviction rather than a dismissal, read which Maryland convictions you can expunge before you assume yours qualifies.
Unpaid restitution is a standalone loser — clear it first. On a contested petition, the court must find that restitution is paid or that you genuinely cannot pay. An outstanding restitution balance is one of the fastest ways to lose a hearing on a conviction you were otherwise entitled to expunge. Pay it off and get proof before you file, so it never becomes the reason a judge denies you.
What It Costs: $30 or Nothing
The filing fee is set by the Maryland Judiciary, not by the statute, and it turns entirely on how your case ended. There is a $30 fee for expunging an eligible guilty disposition — a conviction. It is charged per case, not per charge, it is nonrefundable even if the petition is denied, and it can be waived if you cannot afford it. For every non-conviction outcome — acquittal, dismissal, probation before judgment, nolle prosequi, stet, or a not criminally responsible finding — there is no charge at all.
| How the case ended | Filing fee |
|---|---|
| Guilty / conviction (eligible under § 10-110) | $30 per case, nonrefundable, waivable |
| Acquittal, dismissal, nolle prosequi, stet | No charge |
| Probation before judgment (PBJ) | No charge |
| Not criminally responsible (NCR) | No charge |
Traffic cases show the contrast cleanly. Expunging a guilty conviction for driving while suspended (§ 16-303) or driving without a license (§ 16-101) means paying the $30 and waiting five years from completion of the sentence — see expunging a driving while suspended conviction for that route in detail. But if the same charge was dismissed or resolved with a PBJ, you pay nothing to file and the wait is far shorter. The disposition, not the charge, decides both the cost and the calendar, which is exactly why getting the right outcome up front — covered in how early expungement works — matters so much.
When You May Not Need to File at All
Some fully clean cases clear themselves. Under Maryland’s automatic expungement law, qualifying cases come off Case Search three years after disposition without any petition — but the rules are narrow, and a case with even one non-qualifying charge will not auto-expunge and still needs a petition. Before you assume yours will disappear on its own, read Maryland automatic expungement to see whether you are covered or whether you need to file. For the full picture of every route and deadline, the expungement knowledge hub ties it together.
If nobody objects, roughly 90 days: a 30-day objection window after the petition is served, then up to 60 days for custodians to remove the record and confirm in writing after the court signs the order. That 90-day figure is not in the statute; it is the 30-day window under Crim. Proc. section 10-110(e)(3) plus the 60-day compliance period under section 10-110(h). A contested petition takes longer because it must go to a hearing.
Thirty dollars to expunge an eligible guilty conviction, charged per case rather than per charge, nonrefundable even if denied, and waivable if you cannot pay. There is no filing fee for a case that ended in acquittal, dismissal, probation before judgment, nolle prosequi, stet, or a not criminally responsible finding. The fee is set by the Maryland Judiciary, not by the statute.
In the court where the case began. Under Crim. Proc. section 10-110(b) you file in the court where the proceeding started, the transferee court if it was moved, or the appellate court if it was appealed. For most traffic cases that is the District Court in the county where you were charged.
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. §§ 10-105, 10-107, 10-110; Md. Code, Transp. §§ 16-101, 16-303. Filing fees are set by the Maryland Judiciary. This page is general information about Maryland law, not legal advice, and reading it does not create an attorney-client relationship.