April 16, 2025
Recently, Senate Bill 432 (SB 432) has cleared Maryland’s House of Representatives and Senate. Legislators intend to reform the state’s expungement process through this bill by updating the timeline and list of offenses eligible for expungement. After receiving approval from both sides, SB 432 will go to Governor Wes Moore for a signature.
SB 432 is one of two bills that would begin reforming the expungement process in Maryland. The second bill is House Bill 499 (HB 499). If passed into law, these bills would expand eligibility for expungement and clarify when the waiting period for expungement begins for applicable offenses.
Furthermore, the bills would prevent disclosure of applicable pardoned marijuana-related records. In 2023, Maryland legalized the adult use of marijuana, which led to pardons for low-level marijuana convictions. As such, over 175,000 Maryland residents received pardons for their misdemeanor marijuana-related convictions.
Supporters believe passing these bills is crucial in helping individuals with pardoned offenses. One reason is that the public can still see pardoned offenses, allowing employers and landlords to discriminate against applicants with pardoned marijuana-related records unintentionally. As such, passing these bills could improve employment and housing opportunities for impacted individuals because expungement removes public access to this information.
According to SB 432 and HB 499, eligibility for expungement would expand to include several minor offenses, including those related to bad checks or driving without a license. The bill intends to help individuals with criminal records re-integrate into society by removing old or minor offenses from their records.
Despite the support, the committee did express concerns in the beginning. For example, the new language added to the bill. According to the new language, the bills require courts to consider an individual’s success while on parole or probation before determining whether the individual qualifies for expungement.
Some lawmakers worried that this could make it more challenging to establish an automatic expungement program. They stressed the importance of a clear-cut way for people to have their records expunged, especially for those with minor infractions. Lawmakers also addressed situations when the courts consider an individual’s probation or parole record before determining the individual’s expungement eligibility. Technical violations would not disqualify a person from having their record sealed.
It remains uncertain whether the governor will sign the legislation. Regardless, employers can help individuals with past offenses by reviewing their hiring processes, including how they consider criminal history. It is vital to ensure fairness during the hiring process, especially concerning criminal record screening.