The Maryland Court of Special Appeals recently ruled on the expungement petition of James W., a man seeking to clear his record following a second-degree assault conviction. The court determined that his petition was filed prematurely, as he had not waited the required fifteen years for offenses classified as domestically related. This ruling clarifies the interpretation of statutory waiting periods for expungement in Maryland.

The case, titled In re: Expungement Petition of James W., was filed under docket number 1117/25 and was decided on October 28, 2026, by Chief Judge Wells, alongside Judges Kehoe and Sharer. The decision is significant for individuals seeking expungement of their criminal records, particularly those with convictions related to domestic violence.

James W. was convicted of second-degree assault in 2016, which was classified as a domestically related crime. After completing his sentence and probation in April 2018, he filed a petition for expungement in May 2025. The State's Attorney objected, arguing that the law required a fifteen-year waiting period before such a petition could be filed. The circuit court initially granted W.'s petition, prompting the State to appeal.

The central issue in this case revolved around the interpretation of Maryland's expungement laws, specifically the waiting periods outlined in the Maryland Code, Criminal Procedure Article § 10-110. Under this law, individuals with certain convictions must wait a specified period after completing their sentences before filing for expungement. For second-degree assault classified as domestically related, the waiting period is set at fifteen years.

During the appeal, the court examined whether the circuit court had erred in granting W.'s petition despite the State's objection regarding the premature filing. The court found that the statutory language was ambiguous but ultimately ruled that the waiting period in subsection (c) could not be overridden by the findings in subsection (f)(2) of the expungement law.

The court stated, "If leaving subsection (c) out of a provision that directs expungement were enough to dispense with the waiting periods, there could never be grounds for denying a petition, contested or not."

This ruling emphasizes that even if a court finds a conviction eligible for expungement under certain conditions, it must still adhere to the statutory waiting periods established by law. The court reversed the circuit court's decision and instructed it to vacate the expungement order.

The impact of this ruling is significant for individuals with similar convictions. It reinforces the importance of understanding the specific waiting periods associated with various offenses, particularly those classified as domestically related. This case clarifies that the waiting period is a critical factor in determining eligibility for expungement, and courts must adhere to these statutory requirements.

Moving forward, individuals seeking expungement in Maryland must ensure they meet all statutory waiting periods before filing their petitions. This ruling may also serve as a precedent for future cases involving contested expungement petitions, particularly those related to domestic violence offenses.

As for what’s next, it is unclear whether James W. will appeal this decision or if any related cases are pending. The court's ruling sets a clear standard for how expungement petitions will be evaluated in the future, particularly concerning the waiting periods established by Maryland law.