Maryland Transportation Section 16-117.1

      (a)      In this section, "criminal offense" does not include any violation of the Maryland Vehicle Law.

      (b)      Except as provided in subsection (c) of this section and in Subtitle 8 of this title, if a licensee applies for the expungement of the licensee's public driving record, the Administration shall expunge the record if, at the time of application:

            (1)      The licensee does not have charges pending for allegedly committing a moving violation or a criminal offense involving a motor vehicle; and

            (2)      (i)      The licensee has not been convicted of a moving violation or a criminal offense involving a motor vehicle for the preceding 3 years, and the licensee's license never has been suspended or revoked;

                  (ii)      The licensee has not been convicted of a moving violation or a criminal offense involving a motor vehicle for the preceding 5 years, and the licensee's record shows not more than one suspension and no revocations; or

                  (iii)      Within the preceding 10 years:

                        1.      The licensee has not been convicted of nor been granted probation before judgment for a violation of § 20-102 or § 21-902 of this article;

                        2.      The licensee's driving record shows no convictions from another jurisdiction of a moving violation identical or substantially similar to § 20-102 or § 21-902 of this article; and

                        3.      The licensee has not been convicted of any other moving violation or criminal offense involving a motor vehicle, regardless of the number of suspensions or revocations.

      (c)      The Administration may refuse to expunge a driving record if it determines that the individual requesting the expungement has not driven a motor vehicle on the highways during the particular conviction-free period on which the request is based.

      (d)      The Administration shall expunge from its driver record data base the driving record of an individual or a probation before judgment disposition of an individual:

            (1)      Who has not been convicted of a moving violation or criminal offense involving a motor vehicle for the preceding 3 years;

            (2)      Who has not been convicted of, or been granted probation before judgment for:

                  (i)      A violation of § 20-102 of this article;

                  (ii)      A violation of § 21-902 of this article; or

                  (iii)      A moving violation identical or substantially similar to § 20-102 or § 21-902 of this article; and

            (3)      Whose license or privilege to drive never has been suspended or revoked.