Appeals Court Reverses Expungement of Domestic Assault

A Maryland appellate panel ruled that a 2016 domestic second-degree assault conviction must wait 15 years before it can be expunged.

Updated on Nov. 5, 2026 in Criminal Justice

Flat-color editorial illustration of a pale limestone civic building facade with a tall flagpole, set in deep red and cream under overcast light. — Maryland's Appellate Court ruled that a 2016 domestic second-degree assault conviction must wait 15 years before it can be expunged, reversing a Baltimore County judge. AI Illustration. Upload story photo >

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The Appellate Court of Maryland reversed a Baltimore County judge's decision to expunge James W.'s 2016 second-degree assault conviction, finding the domestic classification required a 15-year waiting period. The circuit court had granted the petition filed May 9, 2025, though the order was temporarily stayed to allow prosecutors to appeal.

Why it matters

The ruling clarifies that Maryland's REDEEM Act of 2023 keeps a separate, longer waiting period for domestically related offenses, limiting how contested expungement petitions can bypass the statute. It affects residents with similar convictions across Maryland seeking to clear their records.

The appellate court returned the case with instructions to vacate the expungement order, which James W. completed probation for in April 2018. Eligibility is projected for approximately April 2033, assuming full satisfaction of his sentence and other statutory requirements.

The players

Appellate Court of Maryland

Maryland's intermediate appellate court, which reviews rulings from the state's circuit courts and issues binding interpretations of state law.

Baltimore County Circuit Court

The trial-level court in Baltimore County, Maryland, where the expungement petition was filed and initially granted.

The details

James W. pleaded guilty to second-degree assault on April 19, 2016, and was sentenced to 10 years in prison with all but time served suspended, followed by two years of supervised probation, 40 hours of community service and a 26-week abuser intervention program. Prosecutors objected to the petition, and the three-judge panel held that the seven- and 15-year waiting periods both apply to the same conviction, so the longer period governs.

April 19, 2016: James W. pleaded guilty to second-degree assault.
April 2018: James W. completed probation.
May 9, 2025: James W. filed an expungement petition in Baltimore County Circuit Court.
July 23, 2025: Hearing held on the expungement petition.
October 28, 2026: Appellate court reversed the expungement ruling.

Legal Context

The ruling applies the REDEEM Act of 2023, which shortened waiting periods for many second-degree assault convictions from 15 years to seven years but kept the longer period for domestically related offenses. The appellate decision reinforces that legislative distinction against judicial discretion to bypass statutory timelines.

Maryland residents with domestic-related convictions should confirm their waiting period before filing an expungement petition, since the appellate ruling confirms the longer 15-year timeline applies. Prosecutors may challenge petitions that fall outside the statutory waiting period.

The takeaway

Check whether a conviction is classified as domestically related before assuming a shorter expungement waiting period applies. The appellate court's reasoning makes the longer statutory timeline controlling in contested cases.