Anonymous asked this question on 4/24/2000:

what records can be expunged from you driving record in the state of Maryland????? What are the procedure(s)?????

Prolixity gave this response on 5/3/2000:

The procedure for removing records are the same as removing points in Maryland. The MVA (Maryland Motor Vehicle Administration) (Don't ask me what happened to the other M) has the power to expunge points and records, so going to the courts immediately is not necessary. Basically, the answer is ten years, five years, or three years, depending on what you are concerned about. The address for the MVA is 6601 Ritchie Highway NE, Glen Burnie, MD 21062. You may apply for a hearing from the MVA. According to Section 16-117.1 of the Maryland Statues, in pertinent part, (b) Except as provided in subsection (c) of this section and in Subtitle 8 of this title, if a licensee applies for the expungement of the licensee's public driving record, the Administration shall expunge the record if, at the time of application: (1) The licensee does not have charges pending for allegedly committing a moving violation or a criminal offense involving a motor vehicle; and (2) (i) The licensee has not been convicted of a moving violation or a criminal offense involving a motor vehicle for the preceding 3 years, and the licensee's license never has been suspended or revoked; (ii) The licensee has not been convicted of a moving violation or a criminal offense involving a motor vehicle for the preceding 5 years, and the licensee's record shows not more than one suspension and no revocations; or (iii) Within the preceding 10 years: 1. The licensee has not been convicted of nor been granted probation before judgment for a violation of § 20-102 or § 21-902 of this article; 2. The licensee's driving record shows no convictions from another jurisdiction of a moving violation identical or substantially similar to § 20-102 or § 21-902 of this article; and 3. The licensee has not been convicted of any other moving violation or criminal offense involving a motor vehicle, regardless of the number of suspensions or revocations. (c) The Administration may refuse to expunge a driving record if it determines that the individual requesting the expungement has not driven a motor vehicle on the highways during the particular conviction-free period on which the request is based. (d) The Administration shall expunge from its driver record data base the driving record of an individual or a probation before judgment disposition of an individual: (1) Who has not been convicted of a moving violation or criminal offense involving a motor vehicle for the preceding 3 years; (2) Who has not been convicted of, or been granted probation before judgment for: (i) A violation of § 20-102 of this article; (ii) A violation of § 21-902 of this article; or (iii) A moving violation identical or substantially similar to § 20-102 or § 21-902 of this article; and (3) Whose license or privilege to drive never has been suspended or revoked.

Maryland Statute 12-111 allows the MTA to keep confidential records over 3/5 years old, so you shouldn't be able to look at anyone's driving record more than three years old. Section 11-318 prohibits insurers from discriminating against you for tickets more than three years old. It is important to note that nothing is every "truly" expunged. Court orders can open expunged records, so beware. If you've just gotten the ticket, Maryland offers "Probation Before Judgement." This allows the judge to enter a sentence but to strike the finding of guilt out. You merely have to follow the probationary guidelines set by the judge.

Check out http://mva.state.md.us/

I must ad the caveat that I am not licensed to practice law in your jurisdiction, so you need to see an attorney licensed to practice in Maryland.

Cheers,

Brian

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