PBJ DUI Expungement In Maryland F.A.Q. 🍺

1 April 2020

1 April 2020,

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.

Why Isn’t A PBJ DUI Expungement Allowed in Maryland?

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.

So When Is It Possible To Get a DUI or DWI Expungement in Maryland?

That is a very good question. It is possible to get a DWI expunged in Maryland if the outcome of your case was:

Not Guilty;
Charge was dismissed or quashed;
The case was Nolle Prosequi; (“Not prosecuted”);
The outcome as a STET;
The case was transfered to juvenille court.

Why Is It Possible To Get A STET DUI Expungement in Maryland But Not a PBJ?

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.