Maryland’s Expungement Laws Just Changed: Here’s What It Means for You
In 2022, a Maryland court decision called In re Abhishek I. made it much harder for people with old criminal convictions to clear their records. The ruling said that if someone had ever violated probation, even for something minor, and their probation was closed “unsatisfactorily,” they could never have their record expunged.
That decision was widely criticized as unfair. Many Marylanders lost their shot at a fresh start because of a single missed appointment or other “technical” violation. But now, thanks to new legislation, that barrier has been removed.
What Was the Problem with In re Abhishek I.?
Before the new law, Maryland’s expungement rules required that a person “satisfy” all parts of their sentence before filing for expungement. In Abhishek, the court decided that a person whose probation was closed unsatisfactorily had not “satisfied” the sentence, even if they served every day required and completed probation.
This interpretation meant that thousands of people, many of whom had simply missed a court date or a meeting, could never clear their records, no matter how long ago their case was or how much progress they had made since.
What the Expungement Reform Act of 2025 Does
The new Expungement Reform Act of 2025, sometimes called the “Abhishek Override,” changes that. Starting October 1, 2025, a violation of probation will no longer stop someone from being eligible for expungement.
The law now defines “completion of the sentence” more fairly: it means when your sentence, including any probation, parole, or supervision, has simply expired. You no longer have to worry about how the probation ended.
Judges will still be allowed to consider whether you completed probation successfully or whether you’ve paid restitution, but these factors no longer block expungement eligibility altogether.
Need help clearing your record?
Contact our office to schedule a consultation and learn how the new Maryland expungement laws could finally give you the clean slate you deserve.
