Quick answer: If you have a Washington County charge that ended in a dismissal, acquittal, not-guilty verdict, stet, or probation before judgment, or an older conviction on Maryland’s eligible list, you can likely have it expunged — but the timing and the exact disposition of every charge in the case decide whether you can file now, later, or not at all. Washington County cases are handled through the District Court and Circuit Court in Hagerstown, the county seat, and petitions are filed with the court where your case began.
I’m David Waranch, and I’ve handled thousands of Maryland criminal and traffic cases across the state, including expungements for clients throughout Washington County. Below is a plain-English walk-through of what expungement clears, who qualifies, how long it takes, and the one rule that trips up more petitions than any other.
What Expungement Does in Washington County
Expungement is a court order that removes eligible police records, court files, and case outcomes from public access. Once a case is expunged, it should no longer appear on Maryland Case Search or in the standard background checks that employers, landlords, and licensing boards run. That is the practical payoff: a dismissed or resolved case stops showing up when someone looks you up.
The most common misunderstanding is that a favorable outcome clears itself. It does not. A charge that was dismissed five years ago is still sitting on Case Search today unless someone filed a petition and a judge granted it. Maryland does have an automatic route under Crim. Proc. § 10-105.1 that clears fully clean cases after three years, but it fails if any charge in the case ended some other way — which is exactly why so many dismissed cases still show up. When automatic expungement does not apply, you have to file.
Because expungement turns on how each case was resolved, it helps to work with a Maryland criminal defense attorney who will pull your full record — Washington County and any other jurisdiction — rather than the one case you happen to remember. You can read the full framework in our Maryland expungement guide.
Who Qualifies, and When You Can File
Eligibility depends on two things: how your case ended, and how much time has passed. Non-convictions are the easiest to clear. Convictions are possible only if the specific offense appears on Maryland’s eligibility list under Crim. Proc. § 10-110, and then only after a waiting period measured from the completion of your entire sentence — which includes any probation or parole, so the clock usually starts later than people expect.
| How the case ended | When you can file |
|---|---|
| Dismissal, acquittal, not guilty, nolle prosequi | 3 years — or immediately if you sign a general waiver of tort claims |
| Stet docket | 3 years |
| Probation before judgment (most offenses) | Later of discharge from probation or 3 years after PBJ was granted |
| PBJ for DUI/DWI under § 21-902(a) or (b) | 15 years from discharge |
| Eligible conviction (general rule) | 5 years from completion of sentence |
| Second-degree assault; felonies generally | 7 years |
| First/second-degree burglary; felony theft | 10 years |
A few outcomes cannot be expunged at all. A DUI or DWI conviction under § 21-902 is not on the eligibility list, and a PBJ for the more serious DUI subsections — § 21-902(c), (d), (h), or (i) — is excluded entirely. That is why “can a DUI be expunged?” rarely has a one-word answer: a dismissal or acquittal of a DUI charge can be cleared, but a conviction generally cannot. For the fuller picture, see which Maryland convictions can be expunged and our breakdown of Maryland expungement waiting periods.
One ineligible charge can block the rest. Under Md. Code, Crim. Proc. § 10-107, charges from the same arrest or incident are treated as a single unit, so if even one of them is not eligible, none of the charges in that unit can be expunged. It is the most common reason a Washington County expungement petition is denied. Which offenses qualify is set by § 10-110 for convictions and § 10-105 for dismissals, acquittals, and PBJs. See which Maryland convictions can be expunged or the full Maryland expungement guide.
Why the Unit Rule Decides Most Cases
The unit rule is worth spelling out, because it works the opposite of how people assume. It is tempting to think that charges from the same night are easier to clear together — they are not. When two or more charges arise from the same incident, § 10-107 bundles them into one unit, and a single ineligible charge poisons the entire unit. If your Washington County arrest produced, say, a driving-while-suspended charge under § 16-303 alongside something that would otherwise qualify, the suspended-driving charge can keep the whole case locked up, because a jailable traffic offense is not a “minor traffic violation” that the statute carves out.
The carve-out is narrower than it sounds. Genuinely minor, non-jailable citations — speeding, equipment, most payable tickets — do not join the unit and cannot block anything. But driving while suspended (§ 16-303), driving without a license (§ 16-101), reckless driving, and DUI/DWI are all jailable, so they do join the unit and routinely block otherwise-clearable charges. This is exactly why a full record review matters more than a quick look at the one case you care about. Related local charges — a Washington County DUI, a driving-while-revoked case, or a bench warrant tied to the same incident — can quietly change what is possible.
How Long It Takes and What It Costs
Once your petition is filed and served, the State’s Attorney — and any victim entitled to notice — has 30 days to object. If no one objects, § 10-110 says the court shall pass the order; it is not discretionary. After the order is signed, every record custodian has 60 days to comply and confirm in writing. That is where the familiar “about 90 days” figure comes from: it is the 30-day objection window plus the 60-day compliance period, not a single court processing time. If the State objects, the court schedules a hearing, and the timeline stretches out while a judge decides eligibility.
Cost is modest. According to the Maryland Judiciary, there is no filing fee for a petition based on an acquittal, dismissal, nolle prosequi, stet, or PBJ. For an eligible guilty disposition, the fee is $30 per case — not per charge — and it is nonrefundable even if the petition is denied, though it can be waived if you cannot pay. One caution for contested cases: unpaid restitution is a standalone reason a judge can deny a conviction expungement, so clear that first. You can see the full sequence in our overview of how the Maryland expungement process works, and if you think your wait might be shortened, our note on early expungement explains where that is and is not possible.
Serving Washington County
We help clients across Washington County — Hagerstown, Williamsport, Smithsburg, Boonsboro, Funkstown, Hancock, Clear Spring, Keedysville, Sharpsburg, and the surrounding communities. Washington County matters run through the District Court and Circuit Court in Hagerstown, and your petition goes to the court where the case originally began; if it was appealed or transferred, that changes where it is filed, which is one more detail worth getting right the first time.
Our work in Maryland traffic and DUI and DWI defense means we understand how different case types land on your record and what it takes to clear them. If your situation crosses county lines, we also handle expungements in neighboring Frederick County and beyond. Clearing your record opens doors — the first step is finding out what is actually possible in your case.
Common Questions
Anyone whose Washington County charge qualifies under Maryland law. Dismissals, acquittals, not-guilty verdicts, and many probation-before-judgment outcomes are eligible, and a set list of convictions can be expunged after a waiting period.
Not always. Some clean cases are expunged automatically after three years, but if any charge in the case ended another way, the automatic route does not apply and you have to file a petition.
The most common blocker is the unit rule: if one charge from the same incident is not eligible, none of them can be expunged. A pending case or a new conviction during the waiting period can also disqualify you.
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, 10-105.1, 10-107, 10-110; Transp. §§ 16-101, 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.