On April 22, Governor Wes Moore signed Maryland’s Expungement Reform Act of 2025 (Senate Bill 432) into law, adding Maryland to the list of states enacting legislation, intending to provide second chances to reformed individuals with criminal records. Senate Bill 432 applies to Maryland residents with certain criminal records seeking expungement, particularly those with misdemeanors and certain felony convictions.
This came at a perfect time for Marylanders, appearing in the wake of 2024’s mass pardons for cannabis offenses and the unrest following the court’s decision in the case Expungement Petition of Abhishek I. Before we dive into the bill's core provisions and compliance requirements, let’s break down this key court case that significantly influenced Marylanders' push for second chance reform.
A precedent for reform
In 2022, the Abhishek case established a new legal precedent for individuals who violated probation, disqualifying their otherwise eligible records from expungement. The case claimed that violating probation counts under the definition of not “satisfactorily” meeting the terms of the sentence, which is a prerequisite for expungement. The person petitioning for expungement was on probation for possessing a small amount of cannabis, which became legal the following year.
This precedent concerned Marylanders, as it implied that someone could be barred from clearing their record over minor technical probation violations, regardless of the nature of the original offense or the amount of time that’s passed since the misconduct took place. Senate Bill 432 (SB 432) addresses this concern by declaring that probation violations alone don’t disqualify someone from a second chance, in addition to other expungement-related assertions.
About Maryland’s Expungement Reform Act of 2025
This reformative legislation is set to take effect on October 1, 2025, and it clarifies more than just the court’s position on how probation violations affect expungements.
Core provisions
Core provisions of Senate Bill 432 include:
- Expanding eligibility to expunge more misdemeanors and some felony offenses.
- Removing permanent disqualification for expungement due to technical probation or parole violations.
- Allowing petitions after sentence completion rather than requiring "satisfactory" completion.
- Establishing waiting periods: typically 5 years for misdemeanors, 7 years for felonies, and 15 years for domestic offenses.
- Requiring courts to confirm that ordered restitution is paid or petitioner cannot pay before granting expungement.
The bill includes an extra provision requiring the judiciary to remove any charges that were placed on the stet docket from its public case search system if they stay there for three years. These cases are eligible for expungement after three years, but this rule keeps them hidden from public view online. Cannabis cases that were pardoned in 2024 are included in this ruling, and these changes will take effect in January 2026.
Compliance requirements
These provisions come with specific compliance requirements, which will be enforced primarily by Maryland courts reviewing expungement petitions under new criteria. Requirements include:
- Petitioners must have completed their sentence (including probation, parole, or mandatory supervision).
- Restitution ordered by courts must be paid, or an inability to pay must be demonstrated.
- Waiting periods must be observed.
- Expungement requests must meet expanded eligibility criteria under the law.
- Courts have discretion to consider history but must not permanently bar expungement due to technical violations.
You can find the full legal text and legislative details here.
What this means for Maryland citizens going forward
This landmark piece of legislation marks a turning point in the fight for a fairer legal system and a stronger economy, as this bill removes a significant barrier to second chances. More than 1 million Marylanders carry an arrest or conviction record, making employment nearly unattainable for many. This legislative push for clean slate programs is seen by many locals as a way to give people a chance to start over and participate in and benefit from a system that they were previously locked out of.
The Clean Slate Initiative, a bipartisan organization working to help pass and implement Clean Slate laws nationwide, refers to the passage of SB 432 as “unclogging the path to redemption,” indicating that it will be “a boost for Maryland’s families and economy” by increasing economic participation.
As with any significant legislation update, increased due diligence is expected. Employers are encouraged to familiarize themselves with the details of these regulations to ensure compliance when applying them to screening a candidate for employment.
This content is for informational purposes only and shall not constitute legal opinion or advice. Consult your legal counsel to ensure compliance.
