Can I Expunge or Shield a Maryland Protective Order?

Public access to government records is a hallmark of our democracy. Shielding is a process by which public access to court records can be taken away. Peace orders and protective orders are civil remedies. Expungement is a process that applies to criminal records. As Attorney Eric T. Kirk will tell you.

Protective order and peace order cases may be shielded if specified requirements are met.

A protective order or peace order request that is denied by the court, or dismissed by the petitioner can be shielded in certain circumstances.

You have not been convicted of a crime involving the abuse of the petitioner, and there are no pending charges involving the abuse of the petitioner.

There are no other temporary or final peace orders or protective orders between you and the petitioner.

A peace order request  that is denied by the court, or dismissed by the petitioner can be shielded in certain circumstances.

There are no other temporary or final peace orders or protective orders between you and the petitioner.

You have not been convicted of a crime involving the specified acts involving the petitioner, and there are no pending charges involving specified acts of the petitioner.

Those acts are:

• An act that causes serious bodily harm;
• An act that places the petitioner in fear of imminent serious bodily harm;
• Assault in any degree;
• False imprisonment;
• Harassment under § 3-803 of the Criminal Law Article;
• Stalking under § 3-802 of the Criminal Law Article;
•  under Title 6, Subtitle 4 of the Criminal Law Article;
• Malicious destruction of property under § 6-301 of the Criminal Law Article;
•  Misuse of telephone facilities and equipment under § 3-804 of the Criminal Law Article
• Misuse of electronic communication or interactive computer service under § 3-805 of the Criminal Law Article;
• Revenge porn under § 3-809 of the Criminal Law Article; or
• Visual surveillance under § 3-901, § 3-902, or § 3-903 of the Criminal Law Article.

 -Source § 3-1503 Of the Courts and Judicial Proceedings Article

An expired protective order that was initially granted based on consent can be shielded everyone agrees, it was not violated while in effect, and where:

You have not been convicted of a crime involving the abuse of the petitioner, and there are no pending charges involving the abuse of the petitioner or another.

There are no other temporary or final peace orders or protective orders between you and the petitioner.

An expired peace order that was initially granted based on consent can be shielded everyone agrees, it was not violated while in effect, and where:

You have not been convicted of a crime involving specified acts set forth above, and there are no pending charges involving any of the specified acts regarding the petitioner or another.

There are no other temporary or final peace orders or protective orders between you and the petitioner.