The purpose of this post is to explain just why a PBJ DUI expungement (“probation before judgment”) is not allowed in Maryland, and also to elaborate on just when a DUI expungement is allowed.
An expungement doesn’t just seal a record from Public view like shielding, it completely destroys it. It’s like it never happened. Not even State prosecutors will be aware of the record when they look at someone’s criminal history. And that is perfectly fine in just about every case.
The problem however, the that a PBJ dui expungement would remove a Judge’s ability to hold drivers responsible for repeat offenses. Driving under the influence of alcohol is seen as a serious crime, and legislators believe it is in the best interest of people for Judges to be able to give harsher penalties to repeat offenders. For this reason, a pbj dui expungement is not possible according to Maryland Criminal and Traffic codes. It the records could be destroyed, then the Court would have no way to impose harsher penalties on repeat offenders.
That is a very good question. It is possible to get a DWI expunged in Maryland if the outcome of your case was:
The STET docket is more akin to a diversion program and a way to avoid admitting to the charges, whereas a probation before judgment admits to the charges. I think the key difference here, is that a PBJ is essentially an admission of guilt whereas a STET is not.
Do not hesitate to contact us for a free assessment! We will be happy no let you know if your record can be sealed.