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RULE 11-506. EXPUNGEMENT

West's Annotated Code of MarylandMaryland RulesEffective: January 1, 2022

West's Annotated Code of Maryland
Maryland Rules
Title 11. Juvenile Causes
Chapter 500. Other Proceedings
Effective: January 1, 2022
MD Rules, Rule 11-506
RULE 11-506. EXPUNGEMENT
(a) Applicability. This Rule applies to petitions for expungement of juvenile records under Code, Courts Article, § 3-8A-27.1.
(b) Definitions. In this Rule, the following definitions apply:
(1) Expungement. “Expungement” means the removal of court or police records from public inspection:
(A) by obliteration;
(B) by removal to a separate secure area to which the public and other persons having no legitimate reason for being there are denied access; or
(C) if access to a court or police record can be obtained only by reference to another court or police record, by the expungement of that record or the part of that record providing the access.
(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.
(3) Petition. “Petition” means a petition for expungement of juvenile records in accordance with this Rule.
(4) Petitioner. “Petitioner” means the person who files a petition in accordance with this Rule.
(5) Victim. “Victim” means a person against whom a delinquent act has been committed or attempted.
Cross reference: See Code, Courts Article, § 3-8A-01 for other definitions.
(c) Venue. A petition shall be filed in the court in which the juvenile petition or citation was filed, except that, if the case was transferred, the petition shall be filed in the court to which the case was transferred.
(d) Service. The clerk shall have a copy of the petition served by mail or delivered to:
(1) all listed victims in the case in which the petitioner is seeking expungement at the address listed in the court file in that case;
(2) all family members of a victim listed in subsection (d)(1) of this Rule, who are listed in the court file as having attended the adjudication for the case in which the petitioner is seeking expungement; and
(3) the State's Attorney.
(e) Content. The petition shall be substantially in the form set forth in Form 11-506.1.
(f) Objection. A person entitled to service pursuant to section (d) of this Rule may file an objection to the petition.
(g) Hearing.
(1) On Own Initiative. The court may hold a hearing on its own initiative, whether or not an objection is filed.
(2) If Objection Filed. Except as provided in subsection (g)(4) of this Rule, the court shall hold a hearing if an objection is filed within 30 days after the petition is served.
(3) If No Objection Filed. The court may grant the petition without a hearing if no timely objection is filed.
(4) Facially Deficient Petition. The court may deny the petition without a hearing if the court finds that the petition, on its face, fails to meet the requirements of Code, Courts Article, § 3-8A-27.1 (c).
(h) Grant or Denial of Petition.
(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.
(2) Expungement Denied. 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 not entitled to expungement, it shall deny the petition.
(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.
(j) Appeal. The petitioner or the State's Attorney may appeal an order granting or denying the petition within 30 days after entry of the order by filing a notice of appeal with the clerk of the court from which the appeal is taken and by serving a copy on the opposing parties or attorneys.
(k) Stay Pending Appeal.
(1) Entry. If the court, over the objection of the State's Attorney, enters an order granting expungement, the order is stayed for 30 days after entry and thereafter if a timely notice of appeal is filed, pending the disposition of the appeal and further order of court.
(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).

Credits

[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 May 15, 2022. Some sections may be more current, see credits for details.
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