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§ 10-109. Disclosure of expunged information prohibited

West's Annotated Code of MarylandCriminal Procedure

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)
MD Code, Criminal Procedure, § 10-109
§ 10-109. Disclosure of expunged information prohibited
Applications, interviews, or other means
(a)(1) Disclosure of expunged information about criminal charges in an application, interview, or other means may not be required:
(i) by an employer or educational institution of a person who applies for employment or admission; or
(ii) by a unit, official, or employee of the State or a political subdivision of the State of a person who applies for a license, permit, registration, or governmental service.
(2) A person need not refer to or give information concerning an expunged charge when answering a question concerning:
(i) a criminal charge that did not result in a conviction; or
(ii) a conviction that the Governor pardoned.
(3) Refusal by a person to disclose information about criminal charges that have been expunged may not be the sole reason for:
(i) an employer to discharge or refuse to hire the person; or
(ii) a unit, official, or employee of the State or a political subdivision of the State to deny the person's application.
Fines and penalties for violations
(b)(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both for each violation.
(2) In addition to the penalties provided in paragraph (1) of this subsection, an official or employee of the State or a political subdivision of the State who is convicted under this section may be removed or dismissed from public service.

Credits

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001.
Formerly Art. 27, § 740.
MD Code, Criminal Procedure, § 10-109, MD CRIM PROC § 10-109
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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