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§ 10-105.2. Notifying defendant of defendant's right to expungement

West's Annotated Code of MarylandCriminal ProcedureEffective: October 1, 2021

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 10. Criminal Records (Refs & Annos)
Subtitle 1. Expungement of Police and Court Records (Refs & Annos)
Effective: October 1, 2021
MD Code, Criminal Procedure, § 10-105.2
§ 10-105.2. Notifying defendant of defendant's right to expungement
Grounds for expungement
(a) Subject to subsection (b) of this section, after disposition of all charges in a case involving a criminal offense or a civil offense under § 5-601(c)(2)(ii) of the Criminal Law Article, including a must-appear violation of the Transportation Article, the court shall notify the defendant of the defendant's right to expungement under § 10-105 of this subtitle if no charge in the case resulted in a disposition other than:
(1) acquittal;
(2) dismissal;
(3) not guilty; or
(4) nolle prosequi, except nolle prosequi with a requirement of drug or alcohol treatment.
Notification in court or by mail
(b)(1) If the defendant is not present in court for the disposition, the court shall notify the defendant by mail.
(2) The notice provided under this section shall include a written form for general waiver and release of all tort claims relating to the charge or charges eligible for expungement under § 10-105 of this subtitle.

Credits

Added by Acts 2021, c. 680, § 1, eff. Oct. 1, 2021.
MD Code, Criminal Procedure, § 10-105.2, MD CRIM PROC § 10-105.2
Current through legislation effective through April 21, 2022, from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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