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Situation involves Ms. A, who plead guilty to a DUI charge

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Situation involves Ms. A, who plead guilty to a DUI charge last year and was granted a judgment of Probation Before Judgment (PBJ) and required to complete six months of probation. She recently completed the probation and would like to file a petition for expungement of records with the court.

Can she file this petition at this point or must she wait until at least three years have passed since the date of disposition of her case.
Hello and welcome to JustAnswer. I would like to assist you with your question today.

Unfortunately not all offenses in which PBJ is granted are eligible for expungment. DUI is one of those offenses.

See the first paragraph on page six of the this brochure put out by the court.

It reads:

You are not entitled to an expungement:

• Of a disposition of probation before judgment or guilty for a violation of driving under the influence (DUI) or driving while impaired (DWI) (Transportation Article §21-902, Criminal Law Article §2-503, 2-504, 2-505, or 2-506, or former Article 27 §388A or §388B).

Also the petition for expungement form makes it clear that judgment of probation before judgment for DUI offenses (violations of Transportation Article, §21-902) are not eligible for expungment.

I know that this is not the answer that you were expecting. But I am obligated to tell you what the law is and not what you want to hear (or read). Please do not rate my answer to your question poorly because you are upset to learn that the offense is not eligible for expungment when you thought it was.

If the court or attorney who represented Ms. A, misrepresented that the expungment was available for a DUI when PBJ had been granted, this may be a basis for the defendant to withdraw her plea.

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