MVLS celebrates passage of the Expungement Reform Act of 2025 and legislation repealing discriminatory HIV law!

The 2025 Maryland General Assembly Session ended in April with some notable victories, including passage of SB432/HB499 – Expungement Reform Act of 2025, which was sponsored by the Moore Administration. This legislation overrides the 2022 In Re Abhishek decision, which significantly impacted eligibility for expungement in Maryland. This decision by the Maryland Court of Special Appeals (now know as Appellate Court) created situations where individuals who were on probation, received a violation, yet went on to complete the original and any additional sentence or period of probation, became ineligible for the expungement they were otherwise qualified for. This problematic interpretation directly impacted numerous MVLS/HTPP partnership clients, preventing them from addressing the harmful collateral consequences of criminal legal system involvement.

Passed in the final days of the 2025 legislative session, the Expungement Reform Act of 2025 rights what many viewed as a judicial misinterpretation which significantly limited access to expungement, and ensures that, moving forward, the courts will now interpret Maryland’s expungement law correctly. The Act changes the expungement statute from requiring “satisfactory completion of the sentence” to simply “completion of the sentence,” which is now defined as “the time when a sentence has expired, including any period of probation, parole, or mandatory supervision.” The Act also expanded expungement eligibility by adding several misdemeanors to the list of eligible convictions, including driving without a license, resisting arrest, and certain minor CDS offenses.

The MVLS/HTPP partnership is thrilled with this outcome and proud to have partnered with the Maryland Expungement Coalition in its quest to facilitate more equitable access to expungement for all Marylanders. We will be auditing its cases over the summer months in preparation for the law going into effect on October 1, 2025, to ensure that all MVLS/HTPP clients who have cases that were previously blocked from expungement by the Abhishek decision can now access expungement once the law changes.

In addition, the Maryland General Assembly also passed SB356 / HB39 – Repeal of Prohibition of Transmission of HIV, a law criminalizing transmission of HIV which was enacted based on misinformation about disease treatment, spread, and prevention, and which had a discriminatory impact on the LGBTQ+ community. We are grateful to FreeState Justice, Trans Maryland, and other advocates statewide who prioritized repeal of this harmful law. Unfortunately, a number of bills MVLS and the HTPP continue to support did not move forward this year, including legislation to decriminalize possession of drug paraphernalia and to streamline updating of birth certificates, licenses, and other identity documents in cases of change to sex designation. However, many thanks to the coalitions and advocates who keep these priorities in front of the General Assembly each year!

If you would like to learn more about the MVLS HTPP partnership and our efforts to address systemic issues that impact human trafficking survivors and others’ vulnerability to exploitation, please email MVLS HTPP Manager Heather Heiman at hheiman@mvlsalw.org.