§ 10-103. Expungement of police record when no charge is filed
West's Annotated Code of MarylandCriminal ProcedureEffective: October 1, 2007
Effective: October 1, 2007
MD Code, Criminal Procedure, § 10-103
§ 10-103. Expungement of police record when no charge is filed
(a) For arrests, detentions, or confinements occurring before October 1, 2007, a person who is arrested, detained, or confined by a law enforcement unit for the suspected commission of a crime and then is released without being charged with the commission of a crime may request the expungement of the police record.
(b) The person shall request expungement within 8 years after the date of the incident.
(c)(1) On receipt of a timely filed request, the law enforcement unit promptly shall investigate and try to verify the facts stated in the request.
(d) Within 60 days after receipt of the request, the Central Repository, booking facility, and any other law enforcement unit shall search diligently for and expunge a police record about the arrest, detention, or confinement.
(e) If the law enforcement unit to which the person has sent a request finds that the person is not entitled to an expungement of the police record, the law enforcement unit, within 60 days after receipt of the request, shall advise the person in writing of:
(f)(1)(i) If a request by the person for expungement of a police record is denied under subsection (e) of this section, the person may apply for an order of expungement in the District Court that has proper venue against the law enforcement unit.
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, § 736.
MD Code, Criminal Procedure, § 10-103, MD CRIM PROC § 10-103
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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