A Clearer Path to Justice: Maryland’s Expungement Reform Act of 2025 is Now in Effect
The Maryland Access to Justice Commission celebrates the passage of the Expungement Reform Act of 2025 (SB 432), which became effective on October 1, 2025, marking a pivotal moment in our state’s commitment to second chances and fairness.
Governor Wes Moore’s administration championed this landmark legislation, which directly addresses decades-old barriers that prevented thousands of Marylanders from truly moving forward with their lives after contact with the criminal justice system.
Removing the Biggest Barrier: Probation Violations
The most significant component of the new law is the override of the harmful 2022 decision in In re Abhishek, which held that a violation of probation, no matter how minor or old, including a technical breach, permanently prevents the expungement of an underlying conviction.
The Expungement Reform Act of 2025 corrects this injustice:
- It clarifies that a probation violation should not automatically disqualify an individual from having an otherwise eligible record sealed.
- It acknowledges that individuals who make mistakes during supervision still deserve an opportunity for redemption once their full sentence is completed.
- For courts reviewing petitions, the law now mandates considering the petitioner’s overall success at probation, parole, or mandatory supervision, and requires them to consider the person’s ability to pay restitution.
This change clears the path to redemption for countless individuals who were previously blocked from seeking expungement due to minor infractions, such as missing an appointment or an old technical violation.
How the Act Expands Access to Justice
Expungement is arguably one of the most critical tools for increasing access to justice, as clearing a record removes pervasive collateral consequences that create lifelong hardship. The Expungement Reform Act dramatically increases that access in three key ways:
Expanded Eligibility
The Act adds several common, non-violent misdemeanor convictions to the list of offenses eligible for expungement, allowing thousands of people to clear their records and seek better opportunities.
New misdemeanor convictions eligible for expungement consideration include:
- Driving without a license (Transportation Article § 16-101)
- Failing to comply with a protective order (Family Law Article § 4–509)
- Disorderly Intoxication (Alcoholic Beverages and Cannabis Article § 6–320)
Increased Privacy on Case Search
While most of the Act became effective on October 1, 2025, an important privacy provision takes effect on January 31, 2026. On that date, the Maryland Judiciary Case Search will no longer publicly display two key types of records:
- Charges that the court marked STET on the docket at least three years prior.
- Records of cannabis possession convictions that the Governor later pardoned.
This change helps reduce the stigma and collateral damage caused by publicly available court records, even for cases that were dismissed or pardoned, providing a substantial boost to an individual’s privacy and employment prospects.
Economic and Social Uplift
For over one million Marylanders living with a criminal record, even an old misdemeanor conviction can be an insurmountable barrier to stable employment, housing, and education. By making expungement more accessible and removing the probation-violation hurdle, the state is investing in its people.
This reform acknowledges that true justice means providing a real chance to start over for those who have completed their sentences, ultimately benefiting all of Maryland by increasing economic participation and reducing recidivism.