§ 10-105. Expungement of record after charge is filed
West's Annotated Code of MarylandCriminal ProcedureEffective: October 1, 2023
Effective: October 1, 2023
MD Code, Criminal Procedure, § 10-105
§ 10-105. Expungement of record after charge is filed
(a) A person who has been charged with the commission of a crime, including a violation of the Transportation Article for which a term of imprisonment may be imposed, or who has been charged with a civil offense or infraction, except a juvenile offense, may file a petition listing relevant facts for expungement of a police record, court record, or other record maintained by the State or a political subdivision of the State if:
(a-1) An expungement may not be obtained under subsection (a)(11) of this section for a conviction for sodomy as that offense existed before October 1, 2020, or a violation of § 3-322 of the Criminal Law Article as that offense existed before October 1, 2023, where the offense was committed:
(a-2) A person's attorney or personal representative may file a petition, on behalf of the person, for expungement under this section if the person died before disposition of the charge by nolle prosequi or dismissal.
(b)(1) Except as provided in paragraphs (2) and (3) of this subsection and § 10-105.1 of this subtitle, a person shall file a petition in the court in which the proceeding began.
(c)(1) Except as provided in paragraph (2) of this subsection, a petition for expungement based on an acquittal, a nolle prosequi, or a dismissal may not be filed within 3 years after the disposition, unless the petitioner files with the petition a written general waiver and release of all the petitioner's tort claims arising from the charge.
(d)(1) Except as provided in § 10-105.1 of this subtitle, the court shall have a copy of a petition for expungement served on the State's Attorney.
(e)(1) If the State's Attorney files a timely objection to the petition, the court shall hold a hearing.
(i) the petition is based on the entry of probation before judgment, except a probation before judgment for a crime where the act on which the conviction is based is no longer a crime, and the person within 3 years of the entry of the probation before judgment has been convicted of a crime other than a minor traffic violation or a crime where the act on which the conviction is based is no longer a crime; or
(f) Except as provided in § 10-105.1 of this subtitle and unless an order is stayed pending an appeal, within 60 days after entry of the order, every custodian of the police records and court records that are subject to the order of expungement shall advise in writing the court and the person who is seeking expungement of compliance with the order.
Credits
Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2001, c. 7, § 1, eff. Oct. 1, 2001; Acts 2001, c. 35, § 1, eff. Oct. 1, 2001; Acts 2002, c. 19, § 1, eff. April 9, 2002; Acts 2002, c. 131, § 1, eff. Oct. 1, 2002; Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2003, c. 121, § 1, eff. Oct. 1, 2003; Acts 2004, c. 237, § 1, eff. Oct. 1, 2004; Acts 2004, c. 238, § 1, eff. Oct. 1, 2004; Acts 2007, c. 388, § 1, eff. Oct. 1, 2007; Acts 2008, c. 615, §§ 1, 2, eff. Oct. 1, 2008; Acts 2008, c. 616, §§ 1, 2, eff. Oct. 1, 2008; Acts 2009, c. 60, § 1, eff. April 14, 2009; Acts 2012, c. 359, § 1, eff. Oct. 1, 2012; Acts 2013, c. 643, § 1, eff. Oct. 1, 2013; Acts 2015, c. 69, § 1, eff. Oct. 1, 2015; Acts 2015, c. 314, § 1, eff. Oct. 1, 2015; Acts 2015, c. 374, § 1, eff. Oct. 1, 2015; Acts 2016, c. 9, § 1, eff. March 14, 2016; Acts 2017, c. 801, § 1, eff. Oct. 1, 2017; Acts 2018, c. 686, § 1, eff. Oct. 1, 2018; Acts 2020, c. 45, § 1, eff. Oct. 1, 2020; Acts 2020, c. 126, § 1, eff. June 1, 2020; Acts 2020, c. 127, § 1, eff. June 1, 2020; Acts 2021, c. 680, § 1, eff. Oct. 1, 2021; Acts 2022, c. 26, § 5, eff. Jan. 1, 2023; Acts 2023, c. 796, § 1, eff. Oct. 1, 2023; Acts 2023, c. 797, § 1, eff. Oct. 1, 2023.
Formerly Art. 27, § 737.
MD Code, Criminal Procedure, § 10-105, MD CRIM PROC § 10-105
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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