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SB 432

An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in the State System of Higher Education, providing for educational opportunities for foster and adopted children.

2025-2026 Regular Session Introduced by Wayne Fontana and 5 co-sponsors

Expungement eligibility is broadened and courts must consider new factors, making it easier to seal or mask certain criminal records after sentence completion.

Referred to Education
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Bill Summary · SB 432

SB 432 — Criminal Records: Expungement and Maryland Judiciary Case Search

(“Expungement Reform Act of 2025”) — Chapter 95 (approved by Governor)

Status: Approved by the Governor (Chapter 95). Introduced: Jan 20, 2025; Governor approval recorded April 22, 2025. Key statutory changes amend Criminal Procedure Article §§ 10‑101, 10‑105, 10‑110, and 10‑401.

Purpose / Intent

The bill broadens and clarifies eligibility for court-ordered expungement of criminal records, requires new considerations the court must make when deciding expungement petitions, and limits the Maryland Judiciary Case Search’s public display of certain records. The overall goal is to expand opportunities for people with certain convictions or inactive charges to remove or mask records that can impair employment and other civil opportunities.

Major provisions (summary)

  • Redefines “completion of the sentence” (10‑101): the term now means the time when a sentence has expired, explicitly including any period of probation, parole, or mandatory supervision. This replaces prior language requiring “satisfactory completion” and effectively allows petitions to be filed based on expiration of the sentence period even if the person previously had a technical violation.
  • Changes to expungement waiting periods (10‑105): waiting‑period calculations and filing eligibility are tied to the new “completion of the sentence” definition for certain categories of petitions.
  • Expands convictions eligible for expungement under § 10‑110: adds additional misdemeanor convictions to the lists for which a person may petition to expunge a conviction (examples include credit card theft § 8‑204 and driving without a license § 16‑101, plus certain misdemeanor bad‑check offenses and other enumerated misdemeanors).
  • New required factors and findings (10‑105 / 10‑110): courts must, to the extent applicable, consider the person’s success on probation, parole, or mandatory supervision; and must find and state on the record that the petitioner has paid any court‑ordered monetary restitution or does not have the ability to pay it.
  • Maryland Judiciary Case Search limitations (10‑401): prohibits the public case search from referring in any way to (1) charges resolved by nolle prosequi that included required drug or alcohol treatment (removes a prior exclusion that allowed reference), (2) charges marked “stet” on the docket at least three years earlier, and (3) electronic records of cannabis possession charges that resulted in convictions later pardoned by the Governor. These masking provisions take effect Jan 31, 2026.

Who is affected

  • Individuals with qualifying convictions (particularly those with eligible misdemeanors) who seek to clear or limit public access to court/police records.
  • People whose sentences included probation, parole, or mandatory supervision — including some who had technical violations — because they may now be able to file once their sentence period has expired.
  • Courts and the Judiciary (increased caseload and new record‑keeping/programming requirements).
  • Agencies handling restitution, record maintenance, and public access (AOC, Central Repository).

Effective dates and procedural notes

  • Many expungement eligibility and waiting‑period changes: effective Oct 1, 2025 (per fiscal analysis).
  • Maryland Judiciary Case Search masking rules: take effect Jan 31, 2026.
  • The Act amends specific Criminal Procedure provisions and directs courts to make the new findings on the record when granting or denying petitions.

Fiscal and equity impacts

  • Fiscal: one‑time Judiciary IT programming cost ~ $23,800 (FY2026). Ongoing fiscal impact is expected to be minimal but could rise modestly if increased petition volume requires additional staff resources; filing fee revenue could increase minimally.
  • Equity: expands access to expungement and to masking of electronic records — measures likely to help many individuals affected by criminal records (employment, housing). The Administration’s analysis notes that because of overrepresentation in the criminal system, Black Marylanders may experience proportionally greater benefits.

Practical effect

  • Shorter/clearer path to file for expungement for some applicants (ties filing eligibility to sentence expiration rather than “satisfactory” completion).
  • More misdemeanor convictions become eligible for judicial expungement petitions.
  • Greater masking of selected inactive, diverted, or pardoned records on the Judiciary’s public online search, reducing public visibility of specified records.

For full statutory text and cross‑references, see the enacted Chapter 95 (SB 432) and the amended Criminal Procedure Article sections noted above.

Compiled from official sources — confirm details with the bill’s official record.

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