There are eight steps in the juvenile record expungement process:
Step 1. The petitioner files a petition for expungement.
Step 2. The court has the petition served.
Step 3. An objection, if any, is filed.
Step 4. A hearing is held as required or ordered by the court.
Step 5. The court makes a decision on the petition.
Step 6. Appeal, if filed.
Step 7. Expungement, if ordered.
Step 8. Notice of Expungement.
|Definition: The "petitioner" is the person who files the petition.|
File the petition in the court in which the juvenile petition or citation was filed.
Read the Rule: Md. Rule 11-601(c)
The court has the petition for expungement served on:
- each victim,
- each family member of the victim who is listed in the court record as having attended the juvenile court adjudication, and
- the State’s Attorney.
|Definition: A "victim" is a person listed in the delinquency case as a person against whom a delinquent act was committed or attempted.|
Read the Rule: Md. Rule 11-601(d)
Each person served with the petition for expungement may file an objection to the petition.
The objection is filed in the same court in which the petition is filed. The objection sets out the reasons why the person objecting does not believe the petition should be granted.
Read the Rule: Md. Rule 11-601(f)
A hearing may be held, or not held, in accordance with the following requirements:
- If the court finds that a petition, on its face, does not meet the grounds for expungement, the court may deny the petition for expungement without a hearing.
- If an objection is filed within 30 days after the petition for expungement is served, the court must hold a hearing (unless the petition is denied because the court finds that it does not on its face meet the grounds for expungement).
- The court may hold a hearing on its own initiative.
- If no objection is filed, the court may grant the petition without a hearing.
The court may grant the petition for expungement or deny the petition.
- If the court finds that the person is entitled to expungement, the court must order expungement of all court records and police records relating to the delinquency or child in need of supervision petition or the citation.
- If the court finds that the person is not entitled to expungement, the court must deny the petition.
The petitioner or the State’s Attorney may file an appeal from the court’s decision to grant or deny the petition for expungement.
Read the Law: Md. Code, Courts and Judicial Proceedings § 3-8A-27(f)
Each custodian of juvenile records subject to the expungement order will expunge the records in accordance with the court order.
Each custodian of juvenile records subject to the expungement order must advise the court, the petitioner, and all parties to the petition for expungement proceeding of compliance with the order.
The custodian’s notice must be made within 60 days of entry of the court’s order and must be in writing.
Form 11-603 is the “Certificate of Compliance.” This form can be used to inform the court, petitioner, and parties of the expungement.
Read the Law: Maryland Code Courts & Judicial Proceedings § 3-8A-27(g)
Read the Rule: Md. Rule 11-601(l)