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§ 10-102. Documents subject to expungement

West's Annotated Code of MarylandCriminal ProcedureEffective: October 1, 2007

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, 2007
MD Code, Criminal Procedure, § 10-102
§ 10-102. Documents subject to expungement
Police and court records
(a) A police record or a court record is subject to expungement under this subtitle.
Police and court records in existence before July 1, 1975
(b)(1) A court record or a police record that existed before July 1, 1975, and is still maintained, may be expunged under this subtitle.
(2) A person who is entitled to the expungement of a court record or a police record that existed before July 1, 1975, may use the procedures for expungement provided under this subtitle.
(3) The limitation periods provided in § 10-105 of this subtitle begin when the person becomes entitled to expungement of a court record or a police record that existed before July 1, 1975.
(4) The custodian of court records or police records that were made before July 1, 1975, and that may be expunged under this subtitle:
(i) shall make a reasonable search for a record requested for expungement; but
(ii) need not expunge a court record or a police record that is not found after a reasonable search.
Documents or records outside scope of section
(c) This subtitle does not apply to:
(1) a record about a minor traffic violation;
(2) the published opinion of a court;
(3) a cash receipt or disbursement record that is necessary for audit purposes;
(4) a transcript of court proceedings made by a court reporter in a multiple defendant case;
(5) an investigatory file; or
(6) a record of the work product of a law enforcement unit that is used solely for police investigation.

Credits

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2002, c. 131, § 1, eff. Oct. 1, 2002; Acts 2007, c. 63, § 1, eff. Oct. 1, 2007.
Formerly Art. 27, §§ 735, 741.
MD Code, Criminal Procedure, § 10-102, MD CRIM PROC § 10-102
Current through legislation effective through May 16, 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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