How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LegalEagle1 Your Own Question
LegalEagle1, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 795
Experience:  Practicing attorney licensed for over 23 years.
Type Your Criminal Law Question Here...
LegalEagle1 is online now
A new question is answered every 9 seconds

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

This answer was rated:

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.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

Please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit and compensation for my work. If you have additional questions or need more information, please ask.

My goal is to provide with best assistance that I can. Please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.

You can always request me through my profile at also begin your question with “For LegalEagle1”
Use of this service does not create any attorney client relationship. Information provided is intended to explain general legal principles and assist you in finding an attorney in your area.

Please click "Great" or better to rate service.
LegalEagle1 and 2 other Criminal Law Specialists are ready to help you