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§ 10-103.1. Expungement upon release without charges

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, § 10-103.1
§ 10-103.1. Expungement upon release without charges
Currentness
Police records, including photographs and fingerprints
(a) For arrests or confinements occurring on or after October 1, 2007, a person who is arrested or confined by a law enforcement unit and then is released without being charged with the commission of a crime is entitled to expungement of all police records, including photographs and fingerprints, relating to the matter.
Duties of law enforcement unit
(b) Within 60 days after release of a person entitled to expungement of a police record under subsection (a) of this section, the law enforcement unit shall:
(1) search diligently for and expunge each police record about the arrest or confinement of the person; and
(2) send a notice of expungement containing all relevant facts about the expungement and underlying arrest or confinement to:
(i) the Central Repository;
(ii) each booking facility or law enforcement unit that the law enforcement unit believes may have a police record about the arrest or confinement; and
(iii) the person entitled to expungement.
Duties of Central Repository, booking facility, and other law enforcement units
(c) Within 60 days after receipt of the notice, the Central Repository, a booking facility, and any other law enforcement unit shall:
(1) search diligently for and expunge each police record about the arrest or confinement of the person; and
(2) advise in writing the person entitled to expungement of compliance with the order.
Expungement by obliteration
(d)(1) A police record expunged under this section may not be expunged by obliteration until 3 years after the date of expungement.
(2) During the 3-year period described in paragraph (1) of this subsection, the records shall be removed to a separate secure area to which persons who do not have a legitimate reason for access are denied access.
(3) For purposes of this subsection, a legitimate reason for accessing the records includes using the records for purposes of proceedings relating to the arrest.
Failure of law enforcement unit, booking facility, or Central Repository to expunge record
(e) If a law enforcement unit, a booking facility, or the Central Repository fails to expunge a police record as required under subsection (b) or (c) of this section, the person entitled to expungement may:
(1) seek redress by means of any appropriate legal remedy; and
(2) recover court costs.
Fees or costs related to expungement
(f) A person who is entitled to expungement under this section may not be required to pay any fee or costs in connection with the expungement.

Credits

Added by Acts 2007, c. 63, § 1, eff. Oct. 1, 2007.
MD Code, Criminal Procedure, § 10-103.1, MD CRIM PROC § 10-103.1
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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