What You Should Know About Maryland’s New Law that Makes PBJs for DUI/DWI Expungable

The Maryland legislature passed an important law for DUI/DWI offenders earlier this year. Under the new law, offenders who received probation before judgment (PBJ) for eligible first-time offenses will be eligible for expungement beginning October 1, 2024.

This is important for several reasons. While accepting a PBJ in a DUI or DWI case helps to mitigate the consequences of your arrest (when you do not have grounds to fight your DUI or DWI in court), PBJs still have long-term consequences. Maryland’s new DUI/DWI PBJ expungement law allows eligible offenders to overcome these consequences—eventually.

Maryland’s New Expungement Law for DUI/DWI Probation Before Judgment (PBJ)

So, when does the law apply? Beginning October 1, 2024, you may be eligible to have your Maryland DUI/DWI PBJ expunged if you meet the following three requirements:

• Fifteen years have passed since you completed the terms of your DUI/DWI PBJ;
• You have not been convicted of any other offenses (other than a minor traffic offense) since accepting your PBJ, and
• You have not received another DUI/DWI PBJ since accepting the PBJ you are seeking to expunge.

Maryland’s new DUI/DWI PBJ expungement law applies specifically to alcohol-related offenses. If you got a DUI for driving under the influence of drugs, or if you received a combination alcohol/drug DUI, your PBJ still is not eligible for expungement.

How to File for Expungement of Your Maryland DUI/DWI PBJ

Let’s say you are eligible to have your Maryland DUI/DWI PBJ expunged on October 1, 2024 (or at some date in the future). How do you file for expungement?

Filing for expungement is a complicated process; as a result, it is best to hire a lawyer to help you. Here is what you can expect when you hire a lawyer to help get your Maryland DUI/DWI PBJ expunged:

• Collecting Your Case Records – The first step is to gather the records you will need to prove that you are eligible for expungement. If you don’t have these records available, your lawyer can help you obtain them from the appropriate court.
• Filing Your Expungement Petition – Once you have all of the records you need, the next step is to file your expungement petition. Your petition must clearly establish your eligibility (and you must file in the correct court), so it is important to rely on your lawyer for help here as well.
• Going to Court – After you file your expungement petition, you will need to go to court. If the State’s Attorney objects to your petition for any reason, you will need to overcome these objections in order to have your PBJ expunged.

Talk to a Lawyer About Having Your Maryland DUI/DWI PBJ Expunged

While getting your PBJ expunged will require time and effort, putting in the necessary time and effort can be well worth it. For many people, clearing their record truly provides a new lease on life. If you have questions about filing a petition to have your Maryland DUI/DWI PBJ expunged, we invite you to contact us for more information. Call 443-405-8211 or contact us online to schedule an appointment today.