Maryland’s Expungement Reform Act: A Crucial Step Towards Justice and Second Chances
Maryland recently took a significant step forward in its commitment to justice and fairness. Senate Bill 432, also known as the Expungement Reform Act of 2025, passed both the House and Senate and, on April 22, 2025, was signed by Governor Moore. This bill, requested by the Governor, addresses critical flaws in the state’s current expungement laws that have led to significant injustices.
At the heart of the issue is a 2022 court decision, In re Expungement Petition of Abhishek, I., that severely limited expungement eligibility. The Appellate Court of Maryland ruled that if an individual’s probation is closed “unsatisfactorily,” they are permanently barred from expunging their record, even if they have otherwise met the requirements and even if the violation was minor. This interpretation has led to unjust and illogical outcomes, creating a permanent barrier to a fresh start for many Marylanders.
Imagine a person who made a mistake years ago, served their time, and is now trying to rebuild their life. Prior to the passage of Senate Bill 43, a minor probation violation like missing a single call or meeting with a probation officer, being terminated from court-ordered employment, or failing a drug test, could deny them the chance to expunge their record. As the Maryland Volunteer Lawyers Service (MVLS) pointed out, these denials make it harder for individuals already experiencing difficult circumstances to achieve stability.
“Expungement is an indispensable step in addressing the harmful collateral consequences of criminal legal system involvement,” stated Chris Sweeney, managing attorney for the Workforce Development Project at MVLS. “It allows a person who has made mistakes years in the past to start fresh so that they can move forward in life. MVLS clients frequently report being denied employment, rental housing, and other opportunities during the waiting period for expungement eligibility.”
Senate Bill 432 seeks to rectify this injustice by clarifying that expungement eligibility begins upon the “completion” of the sentence, not the “satisfaction,” of probation. This distinction is crucial, as it acknowledges that technical violations should not permanently derail an individual’s opportunity for a second chance. The bill also allows courts to consider the nature of the probation violation when deciding on expungement. This nuanced approach ensures judicial discretion and prevents blanket denials of expungement based on minor infractions.
The legislation also expands the charges eligible for expungement to include misdemeanor offenses that are currently omitted and requires shielding for pardoned cannabis offenses and stet dispositions.
Maryland Legal Aid (MLA) emphasized the disproportionate impact of the current law on individuals recovering from substance abuse. “The opioid epidemic devastated low-income communities across Maryland,” MLA notes, “and MLA sees clients violating probation most often because they were arrested and sentenced during a time when they were struggling with substance abuse.”
This bill is not just about second chances; it’s about economic opportunity and public safety. The Maryland Alliance for Justice Reform argued that a criminal record creates a “nearly insurmountable barrier” to rebuilding a stable life. By removing these barriers, expungement reduces recidivism and allows individuals to become productive members of society.
The Office of the Attorney General also supported the bill, emphasizing that it “clarifies what is considered as ‘satisfaction of a sentence'” and makes expungement accessible upon “completion” of the sentence.
The passage of Senate Bill 432 is a chance to correct a legal interpretation that has caused real harm to Marylanders. It’s a chance to promote true rehabilitation, reduce systemic barriers, and create a fairer and more just society. It goes into effect on October 1, 2025.