Does a Writ of Actual Innocence Lead To an Expungement in Maryland?

 Posted on August 22, 2025 in Criminal Defense

A writ of actual innocence can open the door to expungement, but it does not clear your record on its own. When a judge grants the writ, the court may vacate the conviction, order a new trial, or otherwise change the result. For some convictions, expungement may also be possible later, after a waiting period and completion of the sentence.

A writ of actual innocence and expungement are two separate processes. While the writ may vacate a conviction, you must file a separate petition to clear the record through expungement. An experienced Gaithersburg, MD criminal defense attorney can help you understand your legal options.

What Is a Writ of Actual Innocence Under Maryland Law?

A writ of actual innocence asks the circuit court to undo a conviction based on evidence that was not available in time for the original proceedings. Under Maryland Code, Criminal Procedure § 8-301, newly discovered evidence must be significant enough that a judge or jury could have reached a different result. The new evidence must also clearly and convincingly show actual innocence.

What Is an Expungement?

Think of expungement as a way to close the curtain on an old case so it no longer shows up in a background check. It does not say you were innocent or guilty. It just limits what the public can see after your case is over. Maryland law offers a few paths to get there. When a case ends without a conviction, such as a dismissal or not-guilty verdict, you can usually ask the court to clear the public record under § 10-105. The process is straightforward. First, you file a petition. Then, the State has a chance to respond, and the court issues an order if you qualify.

If you do have a conviction, expungement may still be possible for many offenses after you finish your sentence and wait the required time. Those rules are outlined in Criminal Procedure § 10-110, which lists eligible crimes and exceptions for more serious offenses. If a writ of actual innocence later leads to a dismissal or acquittal, that can make you newly eligible to file under § 10-105.

Eligibility Requirements for a Writ of Actual Innocence in Maryland

To qualify for a writ of actual innocence under Maryland law, you should be ready to show:

• A qualifying conviction from a case that could be tried in the circuit court

• Newly discovered evidence that was not available at the time of the trial or plea

• Due diligence, meaning the evidence could not have been found earlier with reasonable effort

• If convicted after a trial, new evidence that creates a substantial or significant possibility of a different result

• If convicted on a plea, new evidence that clearly and convincingly shows actual innocence

• A detailed petition explaining why the evidence is new and why it matters, along with affidavits or other relevant documents when available

Contact a Rockville, MD Expungement Attorney Today

If new evidence points to your innocence, or your case was dismissed after post-conviction relief, speak with our Gaithersburg, MD post-conviction relief lawyers who handle both writs and expungements. At Salvado Law Offices, we take every case with care, diligence, and close attention to detail.

Attorney Carlos frequently joins Agendo Radio to answer questions and advocate for the Hispanic and immigrant communities. That same commitment guides how we serve our clients. We will review your record, explain your options, and build a clear plan to protect your future. Call us at 301-933-1814 today for a confidential consultation. Se habla Español.