RULE 11-506. EXPUNGEMENT
West's Annotated Code of MarylandMaryland RulesEffective: January 1, 2022
Effective: January 1, 2022
MD Rules, Rule 11-506
RULE 11-506. EXPUNGEMENT
(2) Juvenile Record. “Juvenile record” means a court or police record concerning a child alleged or adjudicated delinquent or in need of supervision or who has received a citation for a violation. A juvenile record does not include records maintained under Code, Criminal Procedure Article, Title 11, Subtitle 7 or by a law enforcement agency for the sole purpose of collecting statistical information concerning juvenile delinquency and that do not contain any information that would reveal the identity of a person.
(1) Expungement Granted. If, after applying the standards and conditions set forth in Code, Courts Article, § 3-8A-27.1 (c) and (d), the court finds that the petitioner is entitled to expungement, it shall grant the petition and order the expungement of all court and police records relating to the delinquency or the child in need of supervision petition, or citation. An order for expungement shall be substantially in the form set forth in Form 11-506.2.
(i) Service of Order and Compliance Form. Upon entry of a court order granting or denying expungement, the clerk shall serve a copy of the order and any stay of the order pending an appeal on all parties to the proceeding. Upon entry of an order granting expungement, the clerk shall serve on the custodian of juvenile records a true copy of the order and a blank form of the Certificate of Compliance set forth in Form 11-506.3.
(2) Lifting. The court shall lift a stay upon disposition of any appeal or, if no notice of appeal was timely filed, upon expiration of the time prescribed for filing a notice of appeal. If an order for expungement has been stayed and no appeal is pending, the stay may be lifted upon written consent of the State's Attorney.
(3) Notice. Promptly upon the lifting of a stay, the clerk shall send notice of the lifting of the stay to the parties and to the custodian of records, including the Central Repository, to which an order for expungement and a compliance form are required to be sent pursuant to section (i) of this Rule.
(l) Advice of Compliance. Unless an order is stayed pending an appeal, each custodian of juvenile records subject to the order of expungement shall advise, in writing, the court, the petitioner, and all parties to the petition for expungement proceeding of compliance with the order within 60 days after entry of the order.
Source: This Rule is derived from former Rule 11-601 (2021).
[Adopted Nov. 9, 2021, eff. Jan. 1, 2022.]
MD Rules, Rule 11-506, MD R JUV CAUSES Rule 11-506
Current with amendments received through February 1, 2023. Some sections may be more current, see credits for details.
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