May 1, 2025
Maryland’s Governor Wes Moore has signed a bill that greatly reforms and expands the state’s expungement process. This bill is Senate Bill 432 (SB 432), also known as the Expungement Reform Act. The changes under this new law will allow many more Maryland residents to clear their records and potentially seek greater housing and employment opportunities.
Senate President Bill Ferguson sponsored SB 432 with several co-sponsoring Senators. They created SB 432 in response to a 2022 ruling from the Maryland Supreme Court. This ruling, formerly known as the Maryland Court of Special Appeals, significantly reduced expungement access.
As a result, impacted residents struggled to overcome background checks revealing convictions that they could not immediately expunge. According to the Maryland Court of Special Appeals, individuals convicted of possession of marijuana would not qualify for an expungement due to a probation violation. A significant result of this ruling is that parole or probation violations effectively disqualify an individual from receiving an expungement.
The Expungement Reform Act aims to change that. Once SB 432 takes effect, probation or parole violations will no longer result in an absolute disqualification. However, a court may still consider these violations during expungement proceedings.
Furthermore, these new regulations will expand the number of offenses that qualify for expungement. According to the expanded list of eligible misdemeanors, SB 432 could expunge the following: minor traffic offenses, credit card theft, alcohol and cannabis offenses, certain domestic offenses, and more. These expansions will also allow the expungement of some felony offenses, such as the distribution of cannabis in certain circumstances.
For most misdemeanor offenses, SB 432 will allow individuals to request expungement five years after completing all of the terms of their sentence. Completing these terms also includes paying the required restitution. For felonies, the waiting period will be a minimum of seven years after the completion of a sentence. Domestic-related offenses will have a waiting period of fifteen years after the completion of a sentence.
Another very notable change under the Expungement Reform Act follows up on mass pardons for cannabis offenses issued by the Governor. According to SB 432, the Maryland Judiciary Case Search cannot make any reference to charges of possession of cannabis if the Governor has pardoned them, regardless of when the pardon took place.
SB 432 will create significant changes for the offenses appearing on background checks. Companies should partner with an experienced screening provider to avoid including expunged records in background checks. The right partner will deliver quick, accurate, and compliant information.
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