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RULE 4-508.1. EXPUNGEMENT BY OPERATION OF LAW

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

West's Annotated Code of Maryland
Maryland Rules
Title 4. Criminal Causes
Chapter 500. Expungement of Records
Effective: April 1, 2022
MD Rules, Rule 4-508.1
RULE 4-508.1. EXPUNGEMENT BY OPERATION OF LAW
(a) Definition. In this Rule, “custodian of records” means each booking facility, law enforcement unit, and other unit of the State or political subdivision of the State that the court believes may have a record subject to expungement under Code, Criminal Procedure Article, § 10-105.1.
(b) Applicability. This Rule applies to records that are required to be expunged by operation of law pursuant to Code, Criminal Procedure Article, § 10-105.1 without any order of court.
Cross reference: Code, Criminal Procedure Article, § 10-105.1 requires that any police record, court record, or other record maintained by the State or political subdivision of the State relating to the charging of a crime or civil offense included within that section shall be expunged three years after disposition of the charge if no charge in the case resulted in a disposition other than acquittal, dismissal, not guilty, or nolle prosequi except a nolle prosequi with a requirement of drug or alcohol treatment.
(c) Duties of Clerk.
(1) Record of Identity of Custodians. Unless an alternative method is created by the Administrative Office of the Courts, upon the disposition of a charge subject to expungement under this Rule, the clerk shall make a record of all known custodians of records relating to that charge.
(2) Notice. Not later than 60 days prior to the date expungement under this Rule takes effect, the clerk shall send notice of the date the expungement takes effect to (A) the Criminal Justice Information System Central Repository, (B) each other custodian of records subject to the expungement, and (C) the person entitled to the expungement at the last known address for that person.
Cross reference: See Code, Criminal Procedure Article, § 10-105.1(b).
(d) Compliance by Custodians. Not later than ten days after the effective date of the expungement stated in the notice, each custodian shall expunge all records subject to the expungement.
Cross reference: See Code, Criminal Procedure Article, § 10-101(e) for methods of expungement.
Source: This Rule is new.

Credits

[Adopted Feb. 9, 2022, eff. April 1, 2022.]
MD Rules, Rule 4-508.1, MD R CR Rule 4-508.1
Current with amendments received through May 15, 2022. Some sections may be more current, see credits for details.
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